WEBSITE TERMS OF USE

Last Updated: September 24, 2026

1. Acceptance of the Terms of Use

By using toxicwastecandy.com, including any content, functionality, and services offered on or through toxicwastecandy.com (the “Website”), you agree to these terms of use, including any other documents that are expressly incorporated by reference (collectively, “Terms of Use”) as well as our Privacy Policy, incorporated herein by reference. Please review the following Terms of Use carefully and if you do not agree to these Terms of Use, you should not use this Website.

The term “Company,” “we” or “us” refers to Candy Dynamics. The term “you” refers to the user or viewer of our Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Among other provisions that affect your legal rights, these Terms of Use include an arbitration requirement and class action waiver set forth in Section 23, which, subject to limited exceptions, requires you and the Company to arbitrate any Disputes (defined below) on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.

If you later seek to repudiate these Terms of Use or any aspect thereof, you agree that such action would constitute a breach of these Terms of Use, prohibiting you from enforcing any aspect of the Terms of Use and entitling us to damages resulting from your breach.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for both: (a) making all arrangements necessary for you to have access to the Website; and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Privacy; Consent to Data Practices

Please review our Privacy Policy which governs your submission of personal information through the Website. By agreeing to these Terms of Use, you are hereby representing to the Company that you understand and accept how we collect, use, and disclose information concerning your use of the Website, as set forth in our Privacy Policy — including for any information that may have been collected, used, and/or disclosed prior to your review and acceptance of these Terms of Use. You understand and agree that (a) we are justifiably relying on this representation in granting you access to the Website and (b) if you later take legal action inconsistent with this representation, this will constitute evidence that your representation was false. In that case, we may elect to terminate these Terms of Use, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Website, provide us with any information, or seek to enforce any aspect of these Terms of Use.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (d) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not: (a) modify copies of any materials from this site; (b) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (c) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

6. Trademarks

The Company name, “Candy Dynamics,” the “TOXIC WASTE” brand name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. Video Content; Cookies

The Website may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Additionally, the Website may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track and analyze information about your activity on the Website (collectively, “Cookies”). You understand and agree that the Company utilizes Cookies to operate the Website.

Cookies may result in information about your use of the Website, including information related to the webpages and Video Content that you access, being transmitted from your browser to the Company and/or to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, applications, platforms, products, or services (“External Sites”). Whether Cookies on the Website result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.

You hereby acknowledge and agree that, if Cookies on the Website result in your browser’s transmission of information to External Sites, (a) you are consenting to the use of Cookies on the Website and such transmissions to External Sites, (b) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by the Company under the Video Privacy Protection Act (18 U.S.C.A. § 2710) (“VPPA”) and similar privacy laws, (c) such disclosures are conducted in the ordinary course of the Company’s business, (d) such transmissions will not result in any injury to you, (e) all Video Content provided through the Website is intangible streamed content, and is therefore not “material” or in any way similar to prerecorded video cassette tapes, and (f) you will not initiate any litigation or otherwise assert any claim against the Company based, in whole or in part, on such transmissions, whether under the VPPA, the Electronic Communication Privacy Act, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), similar common law claims, or any other statute, regulation, or cause of action.

All of the foregoing conditions are material to our ability and willingness to provide you access to the Website. If you do not agree to any of these representations, you are prohibited from using the Website.

8. Use for Litigation Purposes

The Website is intended for users genuinely interested in the Company’s products and services. Under no circumstances may the Website be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Website in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Website for Litigation Purposes is strictly prohibited and constitutes a breach by you of these Terms of Use. In such circumstances, we may elect to terminate these Terms of Use, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.

In no event can you seek to enforce these Terms of Use if your claim amounts to a repudiation of any aspect of these Terms of Use, and the Company will have no obligations to you under those circumstances.

9. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website; (b) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (c) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (d) use any device, software, or routine that interferes with the proper working of the Website; (e) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Website.

10. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

11. Monitoring and Enforcement; Termination

We have the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

12. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed, or if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: General Counsel, Candy Dynamics, [ADDRESS]; [EMAIL].

14. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

16. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of products formed through the Website, or as a result of visits made by you, are governed by our applicable Refund Policy, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

18. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Website; (b) send e-mails or other communications with certain content, or links to certain content, on this Website; or (c) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide.

Subject to the foregoing, you must not: (a) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site; (b) link to any part of the Website other than the homepage; or (c) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

19. Geographic Restrictions

The owner of the Website is based in the State of Indiana in the United States. We provide this Website primarily for use by persons located in the United States. The Website and any of its content may be accessible outside of the United States. However, access to the Website may not be legal by certain persons or in certain countries, and you must not access the Website if prohibited by law. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE PRECEDING PARAGRAPH, THE COMPANY MAKES NO WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR ACCESSIBLE AT ALL TIMES OR FROM ALL LOCATIONS; (C) THE CONTENT WILL BE ACCURATE OR RELIABLE; (D) THAT YOU WILL FIND THE CONTENT TO BE SUITABLE OR UNOBJECTIONABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (F) ANY ERRORS ON THE WEBSITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, PROVIDED BY THE COMPANY, BY A COMPANY EMPLOYEE OR AGENT, OR ON THE WEBSITE, SHALL CREATE ANY WARRANTY WITH RESPECT TO YOUR USE OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation of Liability

THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, AND LICENSORS, AND EACH OF THEIR OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, AND LICENSEES (THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE: (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, STATUTORY, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, IN ALL CASES WHETHER DIRECT OR INDIRECT; (C) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (D) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE WEBSITE OR THEIR USER CONTRIBUTIONS; OR (E) DAMAGES RELATING TO THE DELAY, FAILURE, INTERRUPTION, DISCLOSURE, OR CORRUPTION OF ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE WEBSITE, INCLUDING ANY CLAIMS BASED ON ALLEGED INVASIONS OF PRIVACY.

FURTHER, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE EXCEED THE GREATER OF (A) $250 USD OR (B) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN CONNECTION WITH TRANSACTIONS ON THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE (OR, IF THE DISPUTE INVOLVES MULTIPLE CLAIMS, THE DATE ON WHICH THE FIRST SUCH CLAIM AROSE).

THE TERMS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 21 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE OR ANY PRODUCTS WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, SOME OF THE WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS OF USE MIGHT NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART. NOTHING IN THESE TERMS OF USE SEEKS TO IMPOSE WARRANTY AND LIABILITY EXCLUSIONS IN A MANNER THAT IS PROHIBITED UNDER APPLICABLE LAW. YOU AGREE, HOWEVER, THAT ALL WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

22. Indemnification

You agree to indemnify, hold harmless, and, at their option, defend the Released Parties from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to (a) your breach of these Terms of Use; (b) your use of the Website; and (c) your violation of any law or the rights of any third party. You agree that the Released Parties shall have the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate if and as requested by us in the defense and settlement of such matter. If a Released Party assumes defense and control of any such matter, this shall not relieve you of your indemnification obligations. You agree never to settle any matter for which your indemnification is required absent our prior written consent.

Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided pursuant to these Terms of Use (collectively “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or your threat of the same.

23. Disputes; Arbitration

If there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, including any products displayed on or purchased from the Website, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them (each, a “Dispute”), you and the Company hereby agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 23, even if the Dispute arose prior to the effective date of these Terms of Use.

A. Informal Dispute Resolution

You and the Company agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (a) be personally signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and include any information reasonably accessible to the Complaining Party to support the Dispute; and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and the Company. As such, your Dispute and those of others may not be combined into a single Dispute Notice.

Dispute Notices shall be sent as follows:

To the Company: You must send any Dispute Notice to (a) Candy Dynamics, 9700 N. Michigan Rd., Carmel, IN 46032 and (b) by email to customerservice@toxicwastecandy.com.  

To You: We will send notice by (a) first-class or certified mail to the physical address we have on file for you (if any) and (b) by email to the email address we have on file for you (if any).

You and the Company will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, you and the Company are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and the Company (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. The Company will participate in the Conference through one or more representatives, which may include our counsel.

Both you and the Company agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Dispute.

B. Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND THE COMPANY AGREE THAT SUCH DISPUTE SHALL BE DECIDED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND YOU AND THE COMPANY EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER PARTY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

Any such Disputes shall be exclusively submitted to the American Arbitration Association (“AAA”) (www.adr.org) for binding arbitration under its rules then in effect, as modified by these Terms of Use, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to AAA for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the AAA Consumer Arbitration Rules, if and only if it is determined by AAA or the arbitrator that such rules are applicable to the Dispute. You may obtain a copy of the AAA Commercial Arbitration Rules at https://www.adr.org/Rules.

The location of any hearings shall be Indianapolis, Indiana, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.

The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction. Notwithstanding the foregoing, an arbitrator has no authority to entertain, and shall not accept, a Prohibited Legal Action.

C. Mass Arbitration

This Section 23(C) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms of Use.

If you or the Company files a Demand for Arbitration that is one of twenty-five (25) or more similar Demands for Arbitration filed against the other party by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the AAA’s Supplementary Rules for Multiple Case Filings, or any successor mass arbitration procedures adopted by AAA (the “Mass Arbitration Rules”).

You and the Company agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable, or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 23 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

D. Exceptions

In lieu of the dispute resolution procedures in Section 23(A)–(C), you or the Company may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, including as limited above to claims subject to a limitation of liability, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms of Use.

You and the Company agree that, to the extent permitted by applicable law, any claims referenced in the preceding paragraph must be brought and maintained on an individual basis. Nothing in these Terms of Use prohibits you or us from bringing issues to the attention of federal, state, or local agencies.

E. Integrated Arbitration Provision; Repudiation

Notwithstanding any principle of law to the contrary, including but not limited to the doctrine set forth in Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), the parties expressly agree that the arbitration provision set forth in this Section 23 is NOT a standalone, severable agreement that is independent of or separate from these Terms of Use as a whole. Rather, the arbitration provision is an integral, inseparable component of the Terms of Use. The parties’ mutual agreement to arbitrate Disputes is inextricably linked to, and conditioned upon, the parties’ mutual observance of the Terms of Use in their entirety.

Accordingly, a party that repudiates or materially breaches the Terms of Use — including, without limitation, by initiating or maintaining a Prohibited Legal Action — may not selectively enforce the arbitration provision or any other provision of these Terms of Use. If your claim or legal action amounts to, or is premised upon, a repudiation of these Terms of Use (including any representations, warranties, consents, or covenants you have made or provided herein), you shall be deemed to have forfeited the right to invoke arbitration or any other provision of the Terms of Use, and the Company shall have no obligations to you under these Terms of Use, including but not limited to the obligation to arbitrate. In such circumstances, the Company may elect to resolve any Dispute in any court of competent jurisdiction.

This provision reflects the parties’ intent that the arbitration requirement and the substantive Terms of Use rise and fall together as a single, integrated agreement.

F. Waiver of Jury Trial

The parties waive their right to a jury trial for a determination of any Dispute which is subject to these Terms of Use in any state or federal court.

G. Costs

The party initiating the arbitration shall be responsible for paying any applicable filing fee. Once an arbitration is initiated and the filing fee paid, the costs of arbitration shall be borne as provided by the AAA’s applicable rules.

H. Confidentiality

Except to the extent necessary to enter judgment on any arbitral award, all proceedings, rulings, and matters relating to the arbitration and the results thereof shall be confidential, and the arbitrator and the parties shall take any actions necessary to ensure that any judgment rendered with respect to any arbitration award remains confidential.

24. Choice of Law and Forum

These Terms of Use, your use of the Website, and any dispute between us shall be governed by the laws of the United States and the State of Indiana, without regard to principles of conflict of laws. You expressly understand and agree that you will not bring claims under the law of any other state. An action which does so would constitute a Prohibited Legal Action. Any arbitration conducted pursuant to these Terms of Use shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

Any Disputes not subject to arbitration pursuant to Section 23, including those referenced in Section 23(D), shall be resolved exclusively by the state or federal courts located in Marion County, Indiana (including the United States District Court for the Southern District of Indiana), and you hereby agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The parties to these Terms of Use irrevocably submit to the jurisdiction of such courts as the sole forum to confirm, vacate, modify, or correct any arbitration award in accordance with the applicable provisions of the Federal Arbitration Act.

25. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect; provided, however, that in the event the arbitration provision in Section 23 or the class action waiver therein is found to be unenforceable in whole or in part, the Company retains the right to elect to have any Dispute resolved in court rather than through arbitration.

26. Entire Agreement

Unless otherwise agreed to between you and the Company, the Terms of Use, our Privacy Policy, and any applicable sale terms constitute the sole and entire agreement between you and Candy Dynamics with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

27. Your Comments and Concerns

This Website is operated by Candy Dynamics.

All notices of copyright infringement claims should be sent to the copyright agent designated above in the manner and by the means set forth above.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: customerservice@toxicwastecandy.com.