PLEASE READ THESE TERMS AND CONDITIONS AND CANDLE BAY'S PRIVACY STATEMENT BEFORE ACTIVATING AN ACCOUNT WITH CANDLE BAY. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF CANDLE BAY SERVICES. BY USING CANDLE BAY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACTIVATE YOUR ACCOUNT

Candle Bay may change these Terms and Conditions and the Privacy Statement at anytime, without notice. Such changes and their effective date will be posted on the Candle Bay website at www.candlebay.com and/or Candle Bay will attempt to notify You of these changes through other means. You agree to review changes to these Terms and Conditions and the Privacy Statement and if any change is not acceptable to you, you agree to terminate use of Candle Bay Services. Your continued use of Candle Bay Services after the effective date of any such change constitutes your acceptance of all of the changes.

You are responsible for all use of Your account and for the security of Your login identification so you should not transfer or permit any other person to use Your account for Candle Bay Services.

Positive Candle Coin Balances may only be used at Candle Bay's site as a form of payment. A positive balance on CandleBay.com does not have any cash value.

To receive the referral bonus for referring a new member, the referral must provide a valid name and email address and Candle Bay reserves the right to determine if a referral is invalid or fraudulent. If the referral is deemed by Candle Bay to be invalid or fraudulent, your account will be cancelled, all referral bonuses will be deducted from your account and all candle coins orders will be voided. Posting on message boards or spamming others is not allowed. Generating referrals for the sole purpose of getting the referral bonus is also not allowed and membership may be cancelled at the discretion of Candle Bay if Candle Bay feels the member has no other purpose of joining than to get the referral bonuses or if none of their referrals ever make purchases.

Although Candle Bay fully intends to keep www.candlebay.com up and running, it may be possible at sometime to terminate the program. Should Candle Bay have to terminate the program, all members would still have 30 days to complete transactions with their established balances. 30 days after the termination of the Candle Bay Candle Coins Program, all positive balances earned from the site will be lost.

You must be eighteen (18) years or older to use Candle Bay's services.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CANDLE BAY AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR USE (BY YOU OR ANY THIRD PARTY) OF CANDLE BAY SERVICES, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM CANDLE BAY'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS OR OF CANDLE BAY SERVICES PROVIDED TO YOU.

YOU ACKNOWLEDGE THAT CANDLE BAY SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF CANDLE BAY SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF CANDLE BAY SERVICES OR THAT CANDLE BAY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CANDLE BAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO EVENT SHALL CANDLE BAY BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPOR-TUNITY) WHETHER OR NOT CANDLE BAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. CANDLE BAY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL CANDLE BAY'S LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU OR CANDLE BAY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

Entire Agreement. These Terms and Conditions, the License Agreement and the Guidelines (the terms of which are hereby incorporated by reference) together constitute the sole agreement between Candle Bay and You respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that You have read these Terms and Conditions, the License Agreement and the Guidelines and understand their terms.

Legal Actions. This Agreement and its validity, construction and performance shall be governed in all respects by the laws of the State of California. Exclusive jurisdiction and venue for all matters related to this Agreement shall be in the state of California, and the parties hereby agree and consent to such jurisdiction and venue.

Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgement upon the award rendered may be entered in any court with jurisdiction.

Severability. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of these Terms and Conditions shall remain in full force and effect.

No Waiver. Any failure of Candle Bay to enforce any provision of these Terms and Conditions shall not constitute a waiver of any rights under such provision or any other provision of these Terms and Conditions.

Specific questions about these Terms and Conditions should be directed to: [email protected]