The Taffy Shop - Terms of Use

(Privacy Policy below Terms of Use)

Last updated: January 9, 2023

The Original Taffy Shop, Inc. doing business as and also called “The Taffy Shop”, “we” or “us”, operates an online store (“The Taffy Shop website”) located at originaltaffyshop.com from which you may purchase products and services (“The Taffy Shop Products”).

These Terms of Use apply to the content and functionality of the The Taffy Shop website, and to The Taffy Shop Products.

1. Information that you provide to us
You may give us information about yourself when you visit the The Taffy Shop website. Our Privacy Policy (below) explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the The Taffy Shop website and provide your contact details. Standard text or data charges may apply to text messages.

2. The Taffy Shop website intellectual property
As between you and The Taffy Shop, The Taffy Shop and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the The Taffy Shop website (collectively, “The Taffy Shop”). The Taffy Shop intellectual property ("IP") is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in The Taffy Shop IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the The Taffy Shop website or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that The Taffy Shop has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to The Taffy Shop website
The Taffy Shop grants you a limited, revocable, non-exclusive, non-transferable license to access the The Taffy Shop website. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications.
Details of the products and services available for purchase in the The Taffy Shop website (“The Taffy Shop Products”) are set out in the The Taffy Shop website. All features, content, specifications, products and prices of products and services described or depicted in The Taffy Shop website are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on The Taffy Shop website due to the limitations of the systems that you use to access the The Taffy Shop website. The inclusion of any products or services in the The Taffy Shop website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via the The Taffy Shop website. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

b. Cancellation. Subscriptions are prepaid and cancellations or refunds are subject to pricing adjustments that return the price of any products already shipped or consumed by the customer to the price that was in effect at the time of the original subscription order. The balance of the subscription will be refunded on request, following the pricing adjustment.

6. Your account
We may require that you create an account to access the The Taffy Shop website, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Shipping and returns
This Section 7 applies to The Taffy Shop Products that are physical goods. For clarity, this Section 7 applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by The Taffy Shop. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. The Taffy Shop is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery.

Unless otherwise noted in the product description, The Taffy Shop Products may be returned in their original packaging and condition (including all promotional products or extras provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. You are responsible for shipping expenses for the return, and once received in acceptable condition The Taffy Shop will refund your purchase price in full.

8. Sanctions and export policy
You may not use the The Taffy Shop website or purchase any The Taffy Shop product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the The Taffy Shop website or any The Taffy Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

9. No warranties
We provide the The Taffy Shop website, The Taffy Shop IP and The Taffy Shop Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by The Taffy Shop or obtained by you from or through The Taffy Shop – whether from The Taffy Shop or another entity, and whether oral or written – creates or implies any warranty from The Taffy Shop to you.

The Taffy Shop disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the The Taffy Shop website; (b) that The Taffy Shop Products will meet your specific needs or requirements; (c) that the The Taffy Shop website will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that The Taffy Shop will correct any defects or errors in The Taffy Shop website; or (e) that The Taffy Shop website is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through The Taffy Shop website is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

10. Limitation of liability
Under no circumstances will The Taffy Shop be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use The Taffy Shop website or for the unavailability of The Taffy Shop website, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the The Taffy Shop website, even if such damages are foreseeable, and whether or not you or The Taffy Shop has been advised of the possibility of such damages. The Taffy Shop is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the The Taffy Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. The Taffy Shop further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the The Taffy Shop website inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the The Taffy Shop website; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the The Taffy Shop website; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by The Taffy Shop in relation to The Taffy Shop, The Taffy Shop IP, and The Taffy Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to The Taffy Shop during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

11. Disputes
a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the United States District Court in Denver Colorado), will be determined by arbitration in Larimer County Colorado before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of Colorado, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court in Colorado to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Use.

Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.

c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.

d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of Colorado. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Colorado. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.

e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

g. Conflict of Rules: In the case of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.

12. Applicable law
By using the The Taffy Shop website, orplacing an order, or providing Personal Data, you agree that the laws of the state of Colorado, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and The Taffy Shop.

13. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the The Taffy Shop website by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.

14. Our address
The Original Taffy Shop, Inc
d/b/a The Taffy Shop
PO Box 2423
Estes Park CO 80517
www.OriginalTaffyShop.com

Last updated: January 9, 2023

1. Overview
The Taffy Shop obtains Personal Data about you from various sources to provide our Services and to manage our Sites (sales of The Taffy Shop products, newsletter subscription or Taffy-of-the-Month subscription). “You” may be a visitor to one of our websites, a user of one or more of our Services (“User” or “The Taffy Shop User”), or a customer (“Customer”). If you are a user, The Taffy Shop will generally not collect your Personal Data directly from you, rather, our newsletter vendor collects and maintains a database of Personal Information you provide to them for the sole purpose of contacting you regarding news and offers from The Taffy Shop. We do not maintain or update the database of Users Personal Information on the premises of The Taffy Shop. If you are a Customer, The Taffy Shop will generally not collect your Personal Data directly from you for online purchases. When you make an online purchase from The Taffy Shop, our payment processor and online store vendor collects your Personal Data to complete your order and then submit your order to us for order assembly and shipment. When you make a purchase for mail delivery by phone or in the store, we collect your Personal Data on an order form on The Taffy Shop premises to process the order. Whether an online, in store or phone customer, we do not keep any credit card payment information on file in digital form or on paper on The Taffy Shop premises.

Learn more
2. Personal Data We Collect
a. Personal Data that we collect about you.

Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide through The Taffy Shop website will be apparent from the context in which you provide the data. In particular:

When you register for a The Taffy Shop account we collect your name, email address, and account log-in credentials.
When you fill-in our Contact Form to communicate with our staff, we collect your name, email, and anything else you submit in your message to us. When you respond to The Taffy Shop emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call The Taffy Shop, in addition to any Personal Data required to process your order. Any financial Personal Data is used for only as long as it takes to process the order, and then it is destroyed, and not kept on The Taffy Shop premises.

If you are a User or Customer of The Taffy Shop, when you make payments or conduct transactions through The Taffy Shop website or application or device we provide, we will receive your transaction information. The information that we collect will include payment method information (such as credit or debit card number), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information. When you make a transaction, we may also request your name, email, billing or shipping address and in some cases your transaction history to authenticate you.

You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details when you visit the store or in other social circumstances.

3. How We Use Personal Data
a. Our products and services.

We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with our Users & Customers, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete payment transactions and to provide payment-related services to our Users & Customers.

b. Marketing and business related communications.

We may send you email marketing communications about The Taffy Shop products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law. For example, when we collect your contact details, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission, include you on our marketing information campaigns.

c. Advertising.

When you visit our Site/s, we (and our service providers) may use Personal Data collected from you and your device to target advertisements for The Taffy Shop Products & Services to you on our Sites and other sites you visit (“interest-based advertising”), where allowed by applicable law.

We do not sell or rent the Personal Data of our Users, Customers or our Site visitors for any purpose.

4. How We Disclose Personal Data.
The Taffy Shop does not sell or rent Personal Data to unaffiliated third parties. We may share your Personal Data with our service providers, as outlined below.

a. The Taffy Shop. We share Personal Data with other entities in order to provide our Services and Products, and for internal administration purposes.

b. Service providers. We share Personal Data with a limited number of service providers. We have service providers that provide services to us in order to serve our customers: receiving orders and shipping, newsletter/marketing for our business only. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf.

b. Business partners. We share Personal Data with third party business partners when this is necessary to provide our Services and Products to our Users & Customers. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as credit card networks) when we provide payment processing services; also taxing entities as the use of Personal Data may pertain to the legal submission of required purchase information (ie: sales tax).

c. Corporate transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties in connection with such transaction. Any other entity which buys us or part of our business will have the right to continue to use your Personal Data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

d. Compliance and harm prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of The Taffy Shop, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

5. Your Rights and Choices.
You have choices regarding our use and disclosure of your Personal Data:

a. Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.

b. How you can see or change your account Personal Data. If You would like to review, correct, or update Personal Data that You have previously disclosed to us, You may do so by contacting us.

c. Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:

The right to request confirmation of whether The Taffy Shop processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
The right to request that The Taffy Shop rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
The right to request that The Taffy Shop erase your Personal Data in certain circumstances provided by law;
The right to request that The Taffy Shop restrict the use of your Personal Data in certain circumstances, such as while The Taffy Shop considers another request that you have submitted (including a request that The Taffy Shop make an update to your Personal Data); and
The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.

d. Process for exercising data protection rights. In order to exercise your data protection rights, you may contact The Taffy Shop as described in the Contact Us section below. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.

For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.

6. Security and Retention.
We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.

We retain your Personal Data as long as we are providing the Services to you. We retain Personal Data after we cease providing Services directly or indirectly to you, even if you close your The Taffy Shop account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

7. Use by Minors.
The Taffy Shop website is not directed to individuals under the age of thirteen (13), and we request that they not provide Personal Data through the Services.

8. Updates To this Privacy Policy and Notifications.
We may change this Privacy Policy from time to time to reflect new services, changes in our Personal Data practices or relevant laws. The “Last updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Services. We may provide you with disclosures and alerts regarding the Privacy Policy or Personal Data collected by posting them on our website and, if you are a User, by contacting you through your The Taffy Shop Dashboard, email address and/or the physical address listed in your The Taffy Shop account.

9. Links To Other Websites.
The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.

10. Contact Us
If You have any questions or concerns about this Privacy Policy, please contact us electronically or send physical mail to:

The Taffy Shop
PO Box 2423
Estes Park CO 80517
Contact Us electronically

The Taffy Shop - Terms of Use

The Taffy Shop - Privacy Policy