Terms and Conditions

Last Updated:  December, 2017

Welcome to ShelbysSugarShop.com. Shelby Sugar Shop LLC and/or its affiliates (“Shelby’s”) provide web site features and other products and services to you when you visit or shop at ShelbysSugarShop.com or buy Shelby’s products. Shelby’s provides this site subject to the following conditions.

 

By using this site, you agree to these conditions. Please read them carefully.

 

PRIVACY

Please review our Privacy Notice, which also governs your use of this site, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

When you use this site or send e-mails, text messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other services, such as a message center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included in or made available through this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Shelby’s or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through this site is the exclusive property of Shelby’s and protected by U.S. and international copyright laws.

 

TRADEMARKS

The following are Shelby’s trademarks:  SHELBY’S SUGAR SHOP and Shelby’s logo:

 

Shelby's logo

 

In addition, graphics, logos, page headers, button icons, scripts and service names included in or made available through this site are trademarks or trade dress of Shelby’s in the U.S. and other countries. Shelby’s trademarks and trade dress may not be used in connection with any product or service that is not Shelby’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Shelby’s. All other trademarks not owned by Shelby’s that appear in this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Shelby’s.

 

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Shelby’s or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this site. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Shelby’s or its licensors, suppliers, publishers, rightsholders or other content providers. This web site and no part of this site, may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Shelby’s. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Shelby’s without express written consent. You may not use any meta tags or any other “hidden text” utilizing Shelby’s name or trademarks without the express written consent of Shelby’s. You may not misuse this site. You may use this site only as permitted by law. The licenses granted by Shelby’s terminate if you do not comply with these Terms and Conditions.

 

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

You may post reviews, comments, photos, videos and other content regarding Shelby’s products to social media and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Shelby’s reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

 

PRODUCT DESCRIPTIONS

Shelby’s attempts to be as accurate as possible. However, Shelby’s does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free.

 

SANCTIONS AND EXPORT POLICY

You may not use this site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Shelby’s Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SHELBY’S ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHELBY’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY LAW, SHELBY’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHELBY’S DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR ELECTRONIC COMMUNICATIONS SENT FROM SHELBY’S ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SHELBY’S WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DISPUTES

Any dispute or claim relating in any way to your use of this site, or to any products or services sold or distributed by Shelby’s or ShelbysSugarShop.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms and Conditions as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, The Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Shelby’s will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

By using this site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Shelby’s.

 

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of this site. We reserve the right to make changes to our site, policies and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

Shelby Sugar Shop LLC

180 E. Broad St.

Columbus, OH 43215

www.ShelbysSugarShop.com