DOVE® - Terms and Conditions

1. INTRODUCTION

These terms and conditions (the "Terms") govern the order and purchase by you of any DOVE® Chocolate, other Mars Wrigley Brands and your general use of the Site. By using this Site and/or placing an order for Product and/or Merchandise, you accept and agree to be bound by these Terms, as well as to the (a) General Terms & Conditions for Web Sites Operated by the Mars, Incorporated Family of Companies and the (b) Mars, Incorporated. Privacy Policy, which are hereby incorporated by reference.

2. PRIVACY

By completing the “Indulge In All Things Dove” subscription form and clicking submit button, you confirm that you are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi); are willing to receive marketing communications from DOVE® and all other Mars Wrigley Brands and agree to the Mars, Incorporated. Privacy Policy, which is hereby incorporated by reference.

3. PRODUCT ORDERS

a. Pricing. Pricing, payment and other terms applicable to Product and Me rchandise purchases, including, but not limited to, any applicable set-up fees, are set forth on the Site and incorporated into these Terms by reference. DOVE®, other Mars Wrigley Brands, in its sole discretion, change any such prices or other terms at any time without notice.

b. General Requirements. By placing an order, you represent and warrant to DOVE® and other Mars Wrigley Brands that:

  • You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
  • If you are an individual consumer, the Product and/or Merchandise is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product or Merchandise to any third party for commercial purposes.

c. Order Acceptance. All orders are subject to acceptance by Green Rabbit, the contracted 3rd party fulfillment partner. DOVE®, all other Mars Wrigley Brands must and does reserve the absolute right to reject orders in its sole discretion.

d. Payments. All payment transactions for the order of the DOVE® Promises Dark Chocolate Sampler pack are managed by the contracted 3rd party fulfillment partner, Green Rabbit, via candydistributors.com.

e. Fulfillment/Shipping. All orders of the DOVE® Promises Dark Chocolate Sampler pack will be fulfilled and shipped by contracted 3rd party fulfillment partner, Green Rabbit via candydistributors.com.

f. Customer Service: Order Questions. For all order related requestions, you may call candydistributors.com customer service at (781) 335-2200, 9am - 5pm EST, and a representative will gladly assist you.

5. YOUR CONTENT

From time to time, DOVE® and other Mars Wrigley Brands may permit you to post or submit content to the Site ("Content"). You understand that whether or not such Content is published, Dove® and other Mars Wrigley Brands do not guarantee any confidentiality with respect to any Content. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/ or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize DOVE® and other Mars Wrigley Brands to use all intellectual property or other proprietary rights in and to any and all such Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms. You will retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant DOVE® and other Mars Wrigley Brands and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Mars Wrigley Brands, including, without limitation, for promoting Product, Merchandise and the Site (and derivative works thereof) in any media formats and through any media channels. You understand and agree that DOVE® and other Mars Wrigley Brands may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted from the Site. The above licenses granted by you in Content are perpetual and irrevocable. You further agree that (a) you will not post Content that includes material that is copyrighted, protected by trade sec ret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission fro m their rightful owner to post the material and to grant DOVE® and other Mars Wrigley Brands all of the license rights granted herein; and (b) you will not post Content that includes material that violates or fails to conform to applicable local, national, and international laws and regulations. DOVE® and other Mars Wrigley Brands do not endorse any Content or any opinion, recommendation, or advice expressed therein. DOVE® and other Mars Wrigley Brands expressly disclaims any and all liability in connection with Content. DOVE® and other Mars Wrigley Brands are not responsible for and does not assume any liability for the comments and opinions expressed by you or other users of the Site. You remain solely responsible for your Content. You agree that when using the Site, you will act in a manner consistent with the goals of the Site. By way of example, and not as a limitation, you specifically agree that: (a) you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that DOVE® and other Mars Wrigley Brands in its sole discretion views as objectionable, including but not limited to, text, graphics, audio, and video files; and (b) you will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of the Site or another's computer.

6. FORCE MAJEURE.

Notwithstanding any other provision of these Terms, if DOVE® and other Mars Wrigley Brands are delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, DOVE® and other Mars Wrigley Brands will not be liable for damages resulting from such delay or prevention. DOVE® and other Mars Wrigley Brands will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DOVE® and other Mars Wrigley Brands, its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product and Merchandise orders, (ii) Product and Merchandise orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of Product and Merchandise, (iv) breach of any provision of these Terms by you or any third party using yo ur account or password; (v) Content; and/or (vi) your use of the Site.

8. MODIFICATIONS

DOVE® and other Mars Wrigley Brands may change, suspend or discontinue all or any aspect of the Site at any time, including, without limitation, the p rocessing of orders for Product and/or Merchandise and the availability of any information, without prior notice or liability. DOVE® and other Mars Wrigley Brands reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.

9. WARRANTY DISCLAIMER

DOVE® AND OTHER MARS WRIGLEY BRANDS PROVIDES ALL PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOVE® AND OTHER MARS WRIGLEY BRANDS AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.

10. LIMITATION OF LIABILITY

In no event will DOVE® and other Mars Wrigley Brands be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or in ability to use) the Site and/or Product or Merchandise, even if DOVE® and other Mars Wrigley Brands have been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.

11. MISCELLANEOUS

Our failure to act with respect to a breach of these Terms by you or ot hers does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superceded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of DOVE® and other Mars Wrigley Brands. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy of the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to gi ve effect to these Terms.

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