This URL ( http://www.elmercandy.com and/or http://www.customhearts.com, and all appended pages linked to same) is a web-access order agreement provided by Elmer Candy Corporation for your information. Access to this site is provided in consideration of and subject to the following terms and conditions:

Use of this site is at your own risk. In using this site, you understand that you are releasing Elmer Candy Corporation and all their officers, agents, owners and affiliates (hereafter "Released Parties") for any and all liability for any direct, indirect, consequential or punitive damages incurred as a result of your access to or use of this site. You agree that this waiver of all liability includes, but is not limited to, any damages due to computer viruses that may enter your computer equipment due to accessing or downloading information from this site, loss of information or data, damages arising out of service interruptions, negligence or any other cause of action relating to your access, use or inability to access or use the site.

You agree that any communication or material you transmit to the site by electronic mail or otherwise, including questions, comments, data and suggestions, becomes property of the Released Parties, and will be treated as non-confidential and non-proprietary pursuant to our PRIVACY POLICY. Anything you transmit or post may be used by Elmer Candy Corporation or its affiliates for any purpose such as reproduction, disclosure, reporting to governmental authorities, broadcast or posting in its sole and unfettered discretion. Images of people or places displayed on the site are either property of, or used with permission by, Elmer Candy Corporation. The unauthorized use of these images is prohibited unless specific permission is provided. The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Elmer Candy Corporation or others.

By accessing this site, you agree that Elmer Candy Corporation information is provided without warranty of any kind, either expressed or implied. Additionally, you hereby agree that the materials published and displayed on this URL do not constitute a contract, promise, warranty, or representation of the quality of any services of Released Parties. You agree to hold harmless the Released Parties from any claim, suit or demand relating to an allegation that the materials published and/or displayed on this URL create any contract, warranty, representation, or standard of care or duty on the part of the Released Parties. This material is displayed for customers of Released Parties whose relationship is controlled by a fully integrated contract, and which customers specifically disclaim reliance on any materials contained herein.

Access to this site by non-contracting parties is strictly subject to this waiver, and you hereby agree not to assert any claim, directly or as a third-party beneficiary, relating to any material displayed on this URL.

You further hereby agree to hold the Released Parties harmless for any and all damages which may result from use of or reliance upon any of the information. This waiver includes, but is not limited to, all personal injury (whether physical or emotional) and all business or economic loss incurred in connection with the use of any information featured on this site.

Elmer Candy Corporation is not responsible for the content of any off-site pages or any other sites linked to this page. If you link to any other off-site pages or sites, you do so at your own risk and you agree to hold harmless the Released Parties from any liability relating to their use.

You have relied upon no representation or statement contradicting this waiver in agreeing to access this site, unless in writing and signed by a duly authorized agent of Elmer Candy Corporation. You agree that, in the event that any portion of this waiver agreement is found invalid, the remaining portions of the agreement shall remain in full force and effect. You agree that this agreement shall be construed according to the laws of the state of Louisiana, in the United States of America.

You agree to all above terms and conditions, and you agree to hold harmless Elmer Candy Corporation and Released Parties from any and all claims resulting from your access and use of this site and the products or services featured in it. By entering this URL, you verify that you have read and understand all these terms and conditions without reservation.