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Terms of Use Agreement

Thank you for visiting TreatQueen.com. The TreatQueen.com website and its associated products and services including any related mobile site or applications (collectively, "Website") are provided by Treat Queen, LLC. ("Treat Queen"), a Florida based LLC. By accessing or using the Website, however accessed, you manifest your intent and agree to be bound by this Terms of Use Agreement ("Agreement").

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This Agreement and the terms contained herein are subject to change by Treat Queen at any time, in its sole and absolute discretion, and without notice. Such changes shall be effective immediately upon posting. Therefore, you are instructed to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after any replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.

 

Eligibility To Use The Website
The Website is open to use to those who are age eighteen (18) or above. By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement.

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Privacy Policy
Treat Queen hereby incorporates its Privacy Policy by reference as if fully restated herein. You are instructed to review Treat Queen’s Privacy Policy to understand the personal and personally identifiable information that Treat Queen may collect from you when you use the Website and how Treat Queen may use that personal or personally identifiable information.

 

Acceptable Use of the Website
When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Treat Queen for such a breach, including, but not limited to, monetary damages, costs, and attorneys' fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

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  • Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Treat Queen through a separate, written agreement;

  • Accessing or attempting to access the Website through automated means;

  • Circumventing the technological protection measures of the Website;

  • Vandalizing the Website; 

  • Using any malware or otherwise harmful or malicious code in connection with the Website;

  • Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;

  • Disrupting or otherwise interfering with the Website or its associated servers or networks;

  • Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;

  • Diverting or attempting to divert customers of the Website to another website or service;

  • Reverse engineering, decompiling, translating, or disassembling the Website or its content; and

  • Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

  • Treat Queen reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Treat Queen also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

 

Limited License to Use the Website
You acknowledge and agree that the Website is the property of or is licensed by Treat Queen and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Treat Queen reserves all rights not expressly granted through this Agreement.
 

Treat Queen provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

 

Idea Submission Policy
Treat Queen may provide you with the ability to submit ideas or feedback to Treat Queen through the Website.  If you submit ideas or feedback to Treat Queen, to include but not limited to, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, remove and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

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User Account
Treat Queen may provide you with the ability to register a user account ("User Account"), which may provide access to additional areas of the Website, including, but not limited to, those areas or functions of the Website that are only open to wholesale accounts. Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Treat Queen immediately. Treat Queen reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning. By creating a User Account, Treat Queen may contact you by any available means, including, but not limited to, by email.

 

Ordering and Website Policies
You understand and agree that the Website and your User Account may be subject to additional terms or policies, including, but not limited to, Treat Queen's Bulk Discount Policies and Shipping Policies, which are hereby incorporated by reference in their entirety as if fully reinstated herein. Continued use after being presented with these Agreements constitutes your manifestation of assent to and acceptance and agreement of the same. Treat Queen reserves the right to discontinue, modify, amend, or replace these policies at any time, without prior notice, and in its sole and absolute discretion. Your continued use of the Website after a change in any such policies constitutes your agreement with and manifestation of assent to any such changes.

 

Payment
Each order submitted to Treat Queen through the Website is an offer to Treat Queen to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, Treat Queen will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute Treat Queen's acceptance of your order. No order will have been deemed to have been accepted by Treat Queen until the product(s) contained within the order is shipped by Treat Queen to you.

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Payment for all orders placed through the Website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Treat Queen is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Treat Queen's payment processor. You agree that you will not initiate any chargebacks to Treat Queen unless otherwise authorized by Treat Queen in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Treat Queen.

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Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Wix’s data storage, databases and the general Wix application. They store your data on a secure server behind a firewall. Wix and/or the Processor may provide to each other, another Processor, competent authorities, applicable acquiring and issuing banks, payment networks such as Visa, Mastercard, American Express and Discover (“Payment Networks”) and other payment methods providers (such as ACH, SEPA and Apple Pay), information related to Transactions conducted through the use of Wix Payments, information regarding Your User Payment Account, the User Information or any other information and documentation You provided during Your Registration or otherwise, and any other information held by Wix and/or the Processor. In addition to the foregoing, Wix shall share Your information with third parties according to the provisions of the Privacy Policy.

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Product Pricing and Availability
Though Treat Queen makes reasonable attempts to ensure that the products listed on the Website are in stock and that the prices for all products are accurate, from time to time Treat Queen's Website may contain incorrect prices or incorrectly reflect the amount of stock of a particular product. All listings for products on the Website are an invitation to deal and Treat Queen reserves the right to modify the pricing of any products prior to shipment. If Treat Queen identifies that a price reflected on the Website is incorrect or a product listed on the Website is out of stock, Treat Queen will contact you in a reasonable time frame to advise you of the issue.

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Shipping and Returns
You understand and agree that the shipping and return of products purchased through the Website is subject to Treat Queen's Shipping and Return Policies, which will be displayed on the Website and may be discontinued, modified, amended, or replaced at any time, without prior notice, and in Treat Queen's sole and absolute discretion. You are directed to review Treat Queen's Shipping and Return Policies, which are incorporated by reference in their entirety as if fully reinstated herein, prior to making any orders through the Website. Continued use after being presented with the Shipping and Return Policies constitutes your manifestation of assent to and acceptance and agreement of the same.

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Proprietary Rights
You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Treat Queen. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data or content contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by Treat Queen.

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Trademarks
You acknowledge and agree that any and all services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Treat Queen, LLC. You are expressly prohibited from using the trademarks of Treat Queen to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Furthermore, you are prohibited from using the trademarks of Treat Queen in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

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Taxes
You agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website. Treat Queen will report as income all payments received from you to Treat Queen to all proper taxing authorities.

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Term and Termination
The terms of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Treat Queen terminates your access to the Website; or (ii) you cease using the Website and terminate your Account. Treat Queen reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice for any reason whatsoever, including without limitation your breach of the Agreement or any of its terms.

 

Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information listed on the Website have either been provided by third party product vendors or collected from publicly available sources. While Treat Queen makes reasonable efforts to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website. Treat Queen makes no warranties or representations whatsoever with regard to any product provided or offered by any third party vendor, and you acknowledge that any reliance on representations and warranties provided by any third party vendor shall be at your own risk.

 

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. TREAT QUEEN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. TREAT QUEEN 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. TREAT QUEEN 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 NONINFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TREAT QUEEN 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 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.

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All information contained on the Website, including information relating to medical and health conditions, products, and treatments, is for informational purposes only. Such information is often summarized or presented in aggregate form and is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. Treat Queen is not responsible for any statements or claims that various manufacturers make about their products and cannot be held responsible for typographical errors or product formulation changes.

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The information contained on this site should not be used for diagnosing a health problem or prescribing a medication. You should carefully consult all information provided by the manufacturers of the products on or in the product packaging and labels before using any product purchased on this site. You should always consult your own physician and medical advisors. Information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure, or prevent any disease or illness.

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Indemnification
You agree to indemnify, defend, and hold harmless Treat Queen, its officers, shareholders, directors, employees, consultants, subsidiaries, affiliates, and representatives, from and against any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of any item through the Website, (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Treat Queen will not provide you with the ability to control Treat Queen's defense, and Treat Queen reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

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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 this Agreement, 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 this Agreement or any disputes arising as a result of this Agreement, whether directly or indirectly, including Tort claims that are a result of this Agreement. 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 this Agreement.

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Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your Account, or the Website, including, but not limited to, your duty to indemnify and defend Treat Queen.

 

Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

 

Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. Treat Queen reserves the right to assign its rights and duties under this Agreement, including in a sale of Treat Queen or its Website.

 

Waiver and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

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