Terms and Conditions
Agreement between User and www.gladysandjosephine.com
Welcome to www.gladysandjosephine.com. The www.gladysandjosephine.com website (the “Site”) is
comprised of various web pages operated by Gladys and Josephine Limited Edition Friendship Candles
(“Gladys and Josephine”). www.gladysandjosephine.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of www.gladysandjosephine.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
www.gladysandjosephine.com is an E-Commerce Site.
Gladys and Josephine is in the business of selling candles and other personalized items.
Privacy
Your use of www.gladysandjosephine.com is subject to Gladys and Josephine’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting www.gladysandjosephine.com or sending emails to Gladys and Josephine constitutes
electronic communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Gladys and Josephine does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use www.gladysandjosephine.com
only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.gladysandjosephine.com may contain links to other websites (“Linked Sites”). The Linked Sites
are not under the control of Gladys and Josephine and Gladys and Josephine is not responsible for
the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Gladys and Josephine is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by Gladys and
Josephine of the site or any association with its operators.
Certain services made available via www.gladysandjosephine.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
www.gladysandjosephine.com domain, you hereby acknowledge and consent that Gladys and Josephine may
share such information and data with any third party with whom Gladys and
Josephine has a contractual relationship to provide the requested product, service or functionality
on behalf of www.gladysandjosephine.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.gladysandjosephine.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to Gladys and Josephine that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Gladys and Josephine or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. Gladys and Josephine content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express written
permission of Gladys and Josephine and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of Gladys and Josephine or our licensors except as expressly authorized
by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you
will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another’s computer; advertise
or offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or
chain letters; download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner; falsify or delete any
author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or
inhibit any other user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular Communication Service;
harvest or otherwise collect information about others, including e-mail addresses, without their
consent; violate any applicable laws or regulations.
Gladys and Josephine has no obligation to monitor the Communication Services. However, Gladys and
Josephine reserves the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. Gladys and Josephine reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
whatsoever.
Gladys and Josephine reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, in Gladys and Josephine’s
sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Gladys and Josephine does not control or endorse the
content, messages or information found in any Communication Service and, therefore, Gladys and
Josephine specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are not
authorized Gladys and Josephine spokespersons, and their views do not necessarily reflect those of
Gladys and Josephine.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.gladysandjosephine.com or Posted on Any Gladys and Josephine Web Page
Gladys and Josephine does not claim ownership of the materials you provide to
www.gladysandjosephine.com (including feedback and suggestions) or post, upload, input or submit to
any Gladys and Josephine Site or our associated services (collectively “Submissions”). However, by
posting, uploading, inputting, providing or submitting your Submission you are granting Gladys and
Josephine, our affiliated companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Gladys
and Josephine is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in Gladys and Josephine’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
International Users
The Service is controlled, operated and administered by Gladys and Josephine from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Gladys and Josephine Content
accessed through www.gladysandjosephine.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Gladys and Josephine, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site
or services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Gladys and Josephine reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event you
will fully cooperate with Gladys and Josephine in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator’s award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out
of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of these Terms and
Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT
A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Gladys and Josephine agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. GLADYS AND JOSEPHINE LIMITED EDITION FRIENDSHIP CANDLES AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GLADYS AND JOSEPHINE LIMITED EDITION FRIENDSHIP CANDLES AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY
KIND. GLADYS AND JOSEPHINE LIMITED EDITION FRIENDSHIP CANDLES AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLADYS AND JOSEPHINE LIMITED
EDITION FRIENDSHIP CANDLES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
GLADYS AND JOSEPHINE LIMITED EDITION FRIENDSHIP CANDLES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Gladys and Josephine reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Nevada and you
hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising
out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you
and Gladys and Josephine as a result of this agreement or use of the Site. Gladys and Josephine’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Gladys and Josephine’s right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Gladys and Josephine with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Gladys and Josephine with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Gladys and
Josephine with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Gladys and Josephine reserves the right, in its sole discretion, to change the Terms under which
www.gladysandjosephine.com is offered. The most current version of the Terms will supersede all
previous versions. Gladys and Josephine encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Gladys and Josephine welcomes your questions or comments regarding the Terms:
Gladys and Josephine Limited Edition Friendship Candles
Email Address: support@gladysandjosephine.com
Telephone number:
702 720 2210
Effective as of December 06, 2023