Last updated: March 5, 2023
Introduction
Welcome to the Smart Tart® Candy online store and website located at smarttart.shop (the “Site”). The Site provides an online store for users to browse and purchase our sour candy products.
Please read these Terms & Conditions carefully before using our Site or making any purchases from us. These Terms constitute an agreement between you and Smart Tart® Candy governing your access to and use of the Site and supercede any prior or contemporaneous agreements between you and Smart Tart® Candy related to your use of the Site. By accessing or using the Site, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
Use of Site
Subject to your compliance with these Terms, Smart Tart® Candy grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Site solely for purposes of browsing the Site and making purchases.
You represent and warrant that you (1) are at least 18 years old or visiting the Site under the supervision of a parent or guardian; (2) will only submit true and accurate information to the Site; (3) will be financially responsible for all uses of the Site by you and those using your account; and (4) will only use the Site for lawful purposes and in compliance with all applicable laws, regulations, and these Terms.
Restrictions on Use
You agree that you will not:
- Use the Site for any unlawful purpose, impersonate any person or entity, or falsely represent your affiliation with a person or entity;
- Reproduce, distribute, publicly display, or publicly perform content from the Site without prior written permission from Smart Tart® Candy;
- Access, tamper with, or use any areas of the Site that you are not authorized to access;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Smart Tart® Candy or any of our providers or any other third party to protect the Site;
- Attempt to access or search the Site or download content from the Site through the use of any technology or means other than those provided by Smart Tart® Candy or other generally available third-party web browsers;
- Use any meta tags, pay-per-click marketing, or any other “hidden text” using Smart Tart® Candy‘s name or trademarks without our prior written consent;
- Utilize any data mining, robots, or similar data gathering and extraction methods in connection with the Site; or
- Use the Site for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
Registration and Accounts
You may browse the Site without registering for an account. However, to make purchases on the Site you will need to register and create an account. When you create an account, you agree to provide accurate and complete information and to promptly update your account information to keep it accurate and complete. You are solely responsible for the activity that occurs on your account. You may not share your account credentials with anyone else, and you must safeguard the confidentiality of those credentials. If you suspect that your account has been compromised, you must notify us immediately.
Responsibility for Content
The Site may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created by you. Smart Tart® Candy does not guarantee the accuracy, integrity, quality, or appropriateness of any Content available through the Site. You acknowledge that the Site simply acts as a passive conduit for user-submitted Content and has no obligation to screen, monitor, or approve any Content.
You acknowledge that Smart Tart® Candy has the right, but does not have any obligation, to monitor the Site and Content and may block access to or remove any Content in our sole discretion and without notice to you. Smart Tart® Candy reserves the right to refuse or restrict anyone from access to the Site at any time.
You are solely responsible for all the Content that you upload, post, email, transmit, or otherwise disseminate using or in connection with the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You retain ownership of your Content. However, you grant Smart Tart® Candy a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, fully sublicensable, and transferable license to use, reproduce, store, adapt, modify, create derivative works from, publicly display, publish, transmit, and distribute your Content for the purpose of operating the Site.
Use of Your Information
For information about Smart Tart® Candy‘s data protection practices and how we use your data, please review our Privacy Policy located at [URL to Privacy Policy]. The Privacy Policy is part of and is incorporated into these Terms.
Purchasing Products
The Site offers various products for purchase. By ordering products through the Site, you agree to pay the stated prices for the products, plus any applicable taxes and shipping costs. Smart Tart® Candy may refuse or cancel any orders in its sole discretion. Once we have shipped your order, the sale is final and we have no further obligation to you related to the order.
You agree to monitor your shipments for delivery and notify us promptly of any issues. We will work with you to remedy any damages or defects. However, you must notify us within 5 business days of delivery to receive any remedies.
Title and risk of loss pass to you once we transfer the products to our third-party carrier. We will work to resolve any issues related to shipping, but are not responsible for damages or loss in transit. Consider purchasing supplemental insurance for valuable shipments.
Pricing, Taxes, and Shipping Costs
Smart Tart® Candy reserves the right to adjust pricing and product offerings at any time. We make efforts to display accurate product images, descriptions, and pricing on the Site. However, we do not warrant that such information is complete, accurate, reliable, current, or error-free. In the event of any errors, Smart Tart® Candy will endeavor to correct the error as soon as possible. You acknowledge that product images and colors may differ slightly from actual products due to screen resolution, photography, or manufacturer changes.
Applicable taxes and shipping costs will be added to your order total. You are responsible for compliance with all applicable import and export controls and regulations. If any customs fees or tariffs are incurred during shipping, you may be invoiced for such costs separately or they may be added to future orders. Smart Tart® Candy has no control over any duties or additional charges that may be assessed at delivery.
Third Party Services
The Site may contain promotions, services, or links to websites operated by third parties (“Third Party Services”). Smart Tart® Candy is not responsible for Third Party Services, including their availability or content. These Third Party Services are not under Smart Tart® Candy‘s control, and you acknowledge that Smart Tart® Candy is not liable for any loss or damages caused by your use of any Third Party Services. Any interactions you have with Third Party Services are solely between you and the third party providing such services, and may be subject to separate terms with that third party.
Prohibited Conduct
You agree not to engage in any illegal, fraudulent, obscene, threatening, harassing, defamatory, objectionable, discriminatory, or abusive behavior in connection with the Site. We reserve the right to investigate suspected violations of these Terms. We also reserve the right to terminate your account or cease providing you with access to the Site immediately and without notice upon any violation of these Terms.
Intellectual Property Rights
The Site contains copyrighted material, trade names, trademarks, service marks, logos, trade dress, and other proprietary content belonging to Smart Tart® Candy and third parties (“Intellectual Property”). You do not acquire any ownership rights by using the Site or purchasing products. Smart Tart® Candy reserves all rights not expressly granted under these Terms.
Third Party Linking Policies
Anyone, including affiliates operating third party websites wishing to link to the Smart Tart® Candy website, is welcome to do so provided they accept and adhere to the following conditions. Any website, wishing to link to smarttart.shop, may do so freely, provided: (a) that the link is confined to a text link and in no way uses Smart Tart® Candy‘s logos and/or trademarks without written permission from Smart Tart® Candy, (b) the linked pages of the website are content that does not violate any law or contain any material offensive to moral standards; (c ) the linked website does not imply any affiliation with or endorsement of such linked website by Smart Tart® Candy without prior written consent, (d) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Smart Tart® Candy ‘s names and trademarks, (e) the linked website does not contain content that could be construed as distasteful, offensive or controversial and does not contravene any applicable law or regulation, or is likely to offend any person or group of persons, or is perceived as linking for commercial gain. Smart Tart® Candy reserves the right to revoke consent without notice at any time in its own discretion.
In using Smart Tart® Candy‘s web content, please do not insert the Smart Tart® Candy logo, graphics or any other logos and/or trademarks as the linking image. You are welcome to provide a text link to the material on our website but you may not replicate Smart Tart® Candy‘s pages, graphics, and icons within your web pages or materials without prior written consent from Smart Tart® Candy.
Flash or Moving Content
You may not use our logo, images or any other content from our website as animated images on your own website. Use of animated images as links from your pages to smarttart.shop is also prohibited without prior written consent. Under no circumstances shall you replicate, incorporate, or attempt to replace any page or graphic located at smarttart.shop on your website or materials or material produced by a third party and incorporating content from our website or materials.
No Framing
Where links to smarttart.shop are placed on another website, the pages from our website may not be framed within other content not originating from Smart Tart® Candy‘s website. The pages from our website must load into the user’s entire browser window.
Reservation of Rights
Smart Tart® Candy reserves the right to amend any of the rules for links to our website at any time at our sole discretion. All linking partners will be expected to check this page on a regular basis to ensure that they are aware of any changes. However, changes to these rules shall not apply retroactively.
Disclaimer of Warranties
Your use of the Site is at your own risk. The Site and all Content are provided on an “as is” basis without any warranties of any kind, either express or implied.
Smart Tart® Candy expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Smart Tart® Candy makes no warranty that: (1) the Site will meet your requirements; (2) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (3) any defects or errors in the Site or Content will be corrected; or (4) the Site will be free of viruses or other harmful components. Any Content downloaded from or accessed through the Site is accessed at your own risk.
Limitation of Liability
Smart Tart® Candy and our officers, directors, agents, employees, subsidiaries, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your access or use of or inability to access or use the Site or any Content. This includes damages arising from any products purchased through the Site.
In no event shall Smart Tart® Candy’s total liability to you arising from or related to your use of the Site exceed the total value of products purchase by you through the Site in the 12 months prior to the circumstances giving rise to the liability.
Certain state 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 disclaimers, exclusions, or limitations in these Terms may not apply to you, and you may have additional rights.
Indemnification
You agree to defend, indemnify, and hold harmless Smart Tart® Candy and our officers, directors, agents, and employees from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that may arise from: (1) your use of the Site; (2) your breach of these Terms; or (3) any products purchased by you through the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Termination
We reserve the right to terminate your use of the Site at any time and for any reason, including if we determine that you have violated these Terms. We reserve the right to delete any of your Content at any time after termination. Upon termination, any provisions that by their nature should survive termination will survive.
Governing Law and Disputes
These Terms are governed by the laws of the State of Tennessee without regard to conflict of laws principles. Any dispute arising out of or related to your use of the Site or these Terms will be subject to the exclusive personal jurisdiction and venue of the state and federal courts located in Nashville, Tennessee. You hereby waive any right to trial by jury in any action at law or in equity or in any other proceeding based on or arising out of these Terms.
A printed version of these Terms will be admissible in any proceedings arising out of such terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Class Action Waiver
You agree that any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Smart Tart® Candy will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
Changes to Terms
We may revise these Terms at any time by updating this page. You should visit this page periodically to review the current Terms. Your continued use of the Site after any changes constitutes your consent and affirmative acceptance of the changes. If you do not agree to the revised Terms, you may not continue using the Site.
General Provisions
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining Terms provisions will remain in full force. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. You may not assign any part of these Terms without our prior written consent. We may freely assign these Terms. Any notices to you shall be provided by email to the address associated with your account or through the Site.
Contact Us
For more information about these Terms or the Site, please contact us at:
Smart Tart® Candy
321 Sourpatch Ln
Nashville, TN 37217
[email protected]
Smart Tart® Candy Privacy Policy
Smart Tart® Candy respects your privacy and is committed to complying with this Privacy Policy, which describes how we handle your personal information and protect your privacy when you access smarttart.shop (the “Site”) and purchase our products. By using our Site and submitting personal information to us, you signify acceptance of the terms of this Privacy Policy.
Information We Collect
Smart Tart® Candy only collects personal information that helps us make your shopping experience more enjoyable. The information we gather depends on how you use our Site.
We collect information directly from you when you:
- Create an account or complete an order on the Site
- Participate in surveys, contests, promotions, or requests for customer service
- Communicate with us via third-party social media sites
We collect information automatically when you use the Site, including:
- Device information like your IP address, browser type, operating system, referral URLs, device type, and unique device identifiers
- Usage information like the frequency and duration of your visits to the Site
How We Use Your Information
Smart Tart® Candy uses your personal information to:
- Provide and deliver products to you
- Process, manage, and complete purchases and requests made through the Site
- Administer contests, surveys, promotions, and requests for customer service
- Improve the Site and tailor your browsing experience
- Communicate with you about your orders and requests
- Comply with legal obligations
We limit access to your personal information only to those who need it to perform tasks under our direction. We do not rent, sell or share your personal information with third parties unless it is necessary to complete your requests, you consent, or it is required by law.
Cookies and Tracking Technologies
The Site uses cookies, tracking pixels, and related technologies. These technologies help us better understand user behavior, tell us which parts of our Site people have visited, and facilitate and measure the effectiveness of advertisements and web searches.
We treat information collected by cookies and similar technologies as non‐personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is directly or indirectly combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.
Analytics services (like cookies) allow us to recognize and count the number of users and determine how users navigate through our Site. This helps us improve the way the Site works and enhance the user experience.
You can control the use of cookies and opt-out of tracking features through your browser settings and other tools. However, if you choose to disable cookies and similar technologies, it may limit functionality we can provide when you visit the Site and some features and services may not work properly.
How We Share Your Information
Smart Tart® Candy discloses your information in limited circumstances, including:
- With third party service providers and partners who assist us by performing core services like order fulfillment, shipping, credit card processing, or data hosting, or who help us improve and maintain our Site. We seek to ensure that these third parties only have access to and use your information to perform services on our behalf and are obligated not to disclose or use it for any other purpose.
- When required by law or valid legal process, like a subpoena or court order.
- As part of a purchase, transfer, merger, or sale of our company assets. If a transaction takes place, the buyer essentially “steps into our shoes” with respect to use of your personal information going forward and this Privacy Policy would continue to govern your information.
- With your consent or at your request and direction.
We do not otherwise share your personal information with third parties unless we have disclosed that we do so in this Privacy Policy. We do not sell your personal information.
Third Party Links
The Site may contain links that will let you leave our Site and access an external website. Linked sites are not under our control and we are not responsible for their privacy practices or content. Checking the privacy policies and terms associated with any linked external website before providing them with personal information is recommended.
Security
The security of your personal information is very important to us. We utilize appropriate technical and organizational security measures designed to protect your information against unauthorized access and disclosure. No system can guarantee complete security, however, so we cannot warrant or guarantee the complete security of your personal information.
International Data Transfers
We are headquartered in the United States. Any information you provide to us will be transferred out of your home jurisdiction and stored on our servers located in the United States. Please do not provide us with your personal information if this transfer troubles you.
Children
Our Site and products are meant for adults. We do not intentionally gather personal information from children under the age of 13. If we discover that a child under the age of 13 has submitted personal information to us without parental consent, we will endeavor to delete the information as soon as possible.
Your Rights
You may unsubscribe from our promotional emails at any time by following the instructions located within the emails. You may also opt-out of the collection of analytics information generated through the Site as described above.
If you have any additional questions or requests related to your personal information, please submit them to [email protected]. Depending on your jurisdiction, you may have the right to request access to or corrections of inaccuracies in your personal information in our custody and control, as well as the right to lodge a complaint with applicable regulators for any breach of data protection laws.
Where the processing of your personal information is based on consent, you have the right to withdraw your consent at any time. You may also have the right to request erasure, restrictions on further processing, or for your personal information to be ported to another party. Please note, however, that certain personal information may be exempt from such requests in some circumstances.
To protect your privacy, we will take steps to verify your identity before fulfilling requests regarding personal information. A minimal fee may apply to certain requests that are repetitive or onerous.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time as we add new features and services, as laws change, and as industry privacy and security practices evolve. We will post any changes here and update the “Last Updated” date. Please check back periodically for updates. Your continued use of our Site and products after any changes constitutes acceptance of the revised Privacy Policy.
If you have any additional questions about this Privacy Policy or Smart Tart® Candy’s privacy practices, please contact us at [email protected].