Pollak's Candies

Making Life Sweeter Since 1948

Terms of Use

Your access to and use of our Website(s) (the “Website”) is subject to the following “Terms of Use” (these “Standard Term and Conditions”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Website, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access the Website. If you do not agree to these Terms of Use, you may not have full access to the Website. If you are younger than 18 years of age, you are forbidden from becoming a member of the Website or posting information on the Website.

The form and nature of the services, content, and all information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed, altered, or modified at any time without prior notice. Pollak’s Candies, LLC (“Company,” “we,” or “us”) will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we, nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees (each, an “Affiliated Entity”) shall be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website, in whole or in part, or of any service, content, feature, or product offered through the Website.

1. Permitted Use, Limited License, and Authorization to Reproduce

Subject to these Terms of Use and any other terms and conditions on the Website, Pollak’s Candies, LLC hereby grants to you the non-exclusive right to use the Website and download, install, reproduce, use, and disclose the contents of the files or other media provided on the Website that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way, nor distributed, transmitted, or re-posted; (iii) no copy is made of any Pollak’s Candies, LLC trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Website. The Website, all of the information and materials contained herein, and the software used to make the Website available (collectively, “Content”) are and shall remain the property of Pollak’s Candies, LLC and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title, or interest in such Content by virtue of accessing the Website or making use of the permitted uses allowed under these Terms of Use.

2. Copyrights and Trademarks

As between you and Pollak’s Candies, LLC, all copyrights in these Terms of Use, any Content, or the Website, and all brand names, logos, and trademarks on the Website are owned by Pollak’s Candies, LLC. Except as set forth in Section 1 above, no license to download, use, or reproduce any of the Pollak’s Candies, LLC Content or other material, brand names, logos and/or trademarks is given or implied, and the Pollak’s Candies, LLC Content, brand names, logos and/or trademarks may not be downloaded, reproduced, or used (except as an integral part of an authorized copy of material appearing on the Website pursuant Section 1 and only for as long as you are authorized to use the Website pursuant to these Terms of Use) or modified or distributed in any way without prior written permission. Except as otherwise expressly authorized herein or in writing in advance by Pollak’s Candies, LLC, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Website or the Content.

3. Unauthorized Use or Access

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website or decompile, reverse engineer, or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user’s experience. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section.
You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Use:

  • Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website, anything that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that contains or promotes violence, unlawful drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  • Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
  • Any material, non-public information about Pollak’s Candies, LLC without the proper authorization to do so.
  • Use the Website for any fraudulent or unlawful purpose.
  • Use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website.
  • Impersonate any person or entity, including without limitation any representative of Pollak’s Candies, LLC or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
    Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
  • Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Pollak’s Candies, LLC’s express prior written consent.
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
    Remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website.
  • Frame or mirror any part of the Website without Pollak’s Candies, LLC’s express prior written consent.
  • Create a database by systematically downloading and storing Website Content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website.

Additionally, you acknowledge and agree that you (and not Pollak’s Candies, LLC) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.

4. Accuracy of Information You Submit

You may be permitted to or asked to submit information to the Website. You expressly represent and warrant: (a) that you have the authority to provide Pollak’s Candies, LLC with all such information; (b) that all such information may be used by Pollak’s Candies, LLC for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Website.

5. Links To Other Sites

For the convenience of users of the Website, one or more links to other Internet websites independently operated by third parties including advertisers and other content providers may appear from time to time. Those independent sites may collect data or solicit personal information from you. Except as otherwise indicated, the Internet websites to which links are provided on the Website are not under the control of Pollak’s Candies, LLC or the Affiliated Entities. Neither Pollak’s Candies, LLC nor the Affiliated Entities assume any responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Website and any other Internet website is not and shall not be understood to be an endorsement by Pollak’s Candies, LLC or the Affiliated Entities of the opinions or views expressed by the linked Internet website, or of the owner or proprietor of the linked Internet website.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Pollak’s Candies, LLC shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means without prior notice.

6. No Confidentiality or Other Obligations

Pollak’s Candies, LLC does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Website, any products or services of Pollak’s Candies, LLC or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Website (whether or not in response to a solicitation made on or through the Website), you agree that such Submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that Pollak’s Candies, LLC has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.

7. Termination of Access

These Terms of Use are in effect until terminated by Pollak’s Candies, LLC. In addition to any right or remedy that may be available to Pollak’s Candies, LLC under applicable law, Pollak’s Candies, LLC may suspend, limit, or terminate all or a portion of your access to the Website, and/or your rights to use any of the Content, at any time with or without notice and with or without cause, including without limitation, if Pollak’s Candies, LLC believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Website will immediately cease. In addition, Pollak’s Candies, LLC may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Pollak’s Candies, LLC and the Affiliated Entities shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Website.

8. Privacy

Pollak’s Candies, LLC operates several Websites including bizbudding.com. It isPollak’s Candies, LLC’s policy to respect privacy regarding any information we may collect while operating our websites. You acknowledge that you have read and accepted Pollak’s Candies, LLC’s Privacy Policy as set forth at https://pollakscandies.com/privacy-policy/.

We may periodically update this Privacy Policy, so please check back with this site so you can be aware of the current terms. Your continued use of the Website shall constitute your acceptance of such revised Privacy Policy.

9. Disclaimer

While Pollak’s Candies, LLC makes reasonable efforts to provide accurate Content through the Website, Pollak’s Candies, LLC cannot guarantee accuracy. All Content, Submissions and Third Party Content are used by users at their own risk. THE WEBSITE, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POLLAK’S CANDIES, LLC AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE WEBSITE. FURTHER, POLLAK’S CANDIES, LLC AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. POLLAK’S CANDIES, LLC AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE WEBSITE.

IN NO EVENT WILL POLLAK’S CANDIES, LLC OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE WEBSITE BY POLLAK’S CANDIES, LLC OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF POLLAK’S CANDIES, LLC AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO POLLAK’S CANDIES, LLC TO ACCESS AND USE THE WEBSITE.

10. Indemnification

You agree to defend, hold harmless and indemnify Pollak’s Candies, LLC, the Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; or (ii) your use of the Content or services available on the Website in any unauthorized manner.

11. Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

12. Waiver; Remedies

The failure of Pollak’s Candies, LLC to partially or fully exercise any rights or the waiver of Pollak’s Candies, LLC of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Pollak’s Candies, LLC or be deemed a waiver by Pollak’s Candies, LLC of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Pollak’s Candies, LLC under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Pollak’s Candies, LLC’s right to exercise any other right or remedy.

13. International Users

The Website is controlled, operated and administered by Pollak’s Candies, LLC (or its licensees) from its offices within the United States of America and is not intended to subject Pollak’s Candies, LLC to the laws or jurisdiction of any state, country or territory other than that of the United States. Pollak’s Candies, LLC does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Pollak’s Candies, LLC may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

14. Governing Law; Forum

The laws of the State of Pennsylvania shall govern these Terms of Use, without regards to its principles of conflicts of law. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE STATE OF PENNSYLVANIA, AND WAIVE ANY OBJECTION TO SUCH COURTS, INCLUDING WITHOUT LIMITATION ON THE BASIS OF JURISDICTION, VENUE OR INCONVENIENCE OF THE FORUM.

15. Miscellaneous

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Pollak’s Candies, LLC. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. By using the Website, you agree to be bound by these Terms of Use, and to the extent that any or all terms of these Terms of Use are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Pollak’s Candies, LLC with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms of Use shall supersede such other agreement and prevail. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Pollak’s Candies, LLC’s discretion (in the latter two situations, via the most recent address that we have on file). The Website may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.