Terms and Use – Needs & Craves


Terms and Use

Need & Craves

Welcome to the family of websites and applications provided by Needs and Craves. These Terms of Use govern your access to and use of all Needs and Craves Sites.  By using the Needs and Craves Sites, you affirm that you are of legal age (18 years or older) to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.  If you violate or do not agree to these Terms of Use, then your access to and use of the Needs and Crave Sites is unauthorized.  Additional terms and conditions apply to some services offered on the Needs and Craves Sites (e.g., text, images).  Those terms and conditions are incorporated  into these Terms of Use.

 

DEFINED TERMS:  In these Terms of Use:

  • When we say, “Needs and Craves,” we mean NeedsandCraves.com and http://needsandcraves.com and (including any subsidiaries that Needs and Craves may form or acquire in the future).  We also refer to Needs and Craves as “we,” “us” and “our”. But when we say, “Needs and Craves Entities,” we mean Needs and Craves and its affiliates; its and their suppliers, vendors, contractors, and licencors; and its and their directors, officers, employees, and agents.
  • When we say, “Needs and Craves Sites,” we mean needsandcraves.com, the Needs and Craves mobilehttps://mobile.Needs and Craves.com, and all related functionality, services, and Content offered by or for Needs and Craves on or through www.needsandcraves.com and/or the systems, servers, and networks used to make the Needs and Craves Sites available.

When we say “you” or “your” we mean any user (like you!) of any Needs and Craves Site.

  • When we say, “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Needs and Craves on the Needs and Craves Sites (and any updates by Needs and Craves to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
    • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
    • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Needs and Craves Sites.
    • When we say, “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Needs and Craves Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Needs and Craves Sites through the tools offered by such social media platforms).
    • When we say “Materials,” we mean Content that Needs and Craves Entities make available on or through the Needs and Craves Sites.

LAST UPDATED : JUNE 24.2020

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Needs and Craves Sites.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes.  By continuing to use or access any of the Needs and Craves Sites after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changeYour

Use of the Needs and Craves Sites

You certify that the Content you provide on or through the Needs and Craves Sites is accurate and that the information you provide on or through the Needs and Craves  Sites is complete.  You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN.  Needs and Craves is not responsible for any losses arising out of the unauthorized use of your account.  You agree that Needs and Craves does not have any responsibility if you lose or share access to your device.  Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Needs and Craves Sites.  You agree that Needs and Craves is not a party to any such agreement, nor is Needs and Craves responsible for the content, accuracy, or unavailability of any method used for payment.  Your account may be restricted or terminated for any reason, at our sole discretion at any time without notice to you. We may  change, restrict access to, suspend, or discontinue the Needs and Craves Sites or any portion of the Needs and Craves Sites, and charge, modify, or waive any fees required to use any services, functionality or other content available through the Needs and Craves Sites or any portion of the Needs and Craves Sites.

    • Use the Needs and Craves Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise notorious or unlawful.
    • Harvest or collect information about users of the Needs and Craves Sites.
    • Interfere with or disrupt the operation of the Needs and Craves Sites or the systems, servers, or networks used to make the Needs and Craves Sites available, including by hacking or defacing any portion of the Needs and Craves Sites; or violate any requirement, procedure or policy of such servers or networks.
    • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

 

 

NeedsandCraves.com Terms of Use   

  1. Prohibited Content

    You agree that you will not make available Content in connection with the Needs and Craves Sites that:
  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including Needs and Craves), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Needs and Craves in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Needs and Craves,
  • contains or relates to chain letters or pyramid schemes/ impersonates another business, person, or entity, including Needs and Craves, its related entities, employees, and agents violates any policy posted on the Needs and Craves Sites; ois intended to cause harm, damage, disable, or otherwise interfere with the Needs and Craves Sites or our partner.

        Systematically download and store any Materials.                                                          Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Needs and Craves Sites, without    Needs and Craves’ express prior written consent.

    • Cause injury to any person or entity.
    • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the Needs and Craves Sites or Needs and Craves’ name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Needs and Craves trademark, logo, URL, or product name without Needs and Craves’ written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

 WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Need and Craves’ liability.  

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Needs and Craves Sites.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes.  By continuing to use or access any of the Needs and Craves Sites after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changed.

4. Monitoring 

Needs and Craves will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Needs and Craves Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Needs and Craves from time to time.  Needs and Craves will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Needs and Craves Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons.  Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Needs and Craves for all claims resulting from any Content you make available.

 

5. Materials Available on the Needs and Craves Sites

Needs and Craves and its suppliers and licensors may make available various Materials.  The Materials are for educational and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.  The Needs and Craves Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  If you find an error or notice something that does not look quite right on the Needs and Craves Sites, we would appreciate it if you let us know by contacting us at http://.needsandcraves.com (Your feedback is a big part of what helps Needs and Craves to get better at helping you!)

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU.  CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE Needs and Craves ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

6. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”).  Such Products may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites).  Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.  In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.  

Needs and Craves has no liability to you for content on the Needs and Craves Sites that you find to be offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.

Needs and Craves is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Needs and Craves Entity, Marketplace Retailer (as defined the Terms and Use), our advertisers, or other third parties to whose sites we link.  While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Needs and Crave Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information.  Always read labels, warnings, directions, and other information provided with the product before using or consuming the product.  For additional information about a product, please contact the manufacturer.  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 health condition.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Needs and Craves return policy.  It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.  

 

 

  1. Third Party Sites

References on Needs and Craves Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.  Needs and Craves is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Needs and Craves Sites operate or otherwise interact, nor is Needs and Craves responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).[NeedsandCraves] is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to [insert the applicable site name (needsanscraves.com)

8. Placing an Order

  1. Order Acceptance and Billing

 

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us.  All billing information you provide to us must be truthful and accurate.  Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  Prior to accepting an order we may also request additional information from you.  Verification of information may be required prior to the acknowledgment or completion of any purchase.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Needs and Craves may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.  

Needs and Craves reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.  Needs and Craves also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Needs and Craves for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

  1. Pricing Information; Availability

Needs and Craves cannot confirm the price or availability of an item until after your order is placed.  Pricing or availability errors may occur on the Needs and Craves Sites or through Marketplace Retailers.  The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.  Needs and Craves reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Needs and Craves.  Needs and Craves may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  

  1. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise transferred.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.  We reserve the right in our discretion to impose conditions on the offering of any promotional code.

9. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Needs and Craves Sites.  All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier..  Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

10. Export Policy

You acknowledge that (a) goods licensed or sold on the Needs and Craves Sites, and (b) any software or technology purchased, downloaded, or used from the Needs and Craves Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws.  You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. 
 

 

11. Intellectual Property

The Needs and Craves Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Needs and Craves, and are protected by U.S. and international trademark, copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Needs and Craves to use the Needs and Craves Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.  In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Needs and Craves to use the Needs and Craves Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sub licensable basis, to install and use the Needs and Craves Apps on a mobile device that you own or control, solely for your personal, non-commercial use.  If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Needs and Craves Apps and remove (that is, uninstall and delete) the Needs and Craves Apps from your mobile device.

No license, right, title, or interest in the Needs and Craves Sites or any Materials is transferred to you as a result of your use of the Needs and Craves Sites or your accessing, viewing, downloading, or printing of the Materials.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Needs and Craves Sites.  The Needs and Craves Sites and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Needs and Craves Sites and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of the Needs and Craves Sites and Materials is the exclusive property of Needs and Craves and is also protected by U.S. and international copyright laws.

NEEDS AND CRAVES,  the NEEDS AND CRAVES.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Needs and Craves Sites are trademarks or trade dress of Needs and Craves in the U.S. and other countries.  All other marks are the property of their respective companies.

 12. Privacy

You acknowledge that any personal information that you provide through the Needs and Craves Sites will be used by Needs and Craves in accordance with Needs and Craves’ Privacy Policy.which may be updated by Needs and Craves from time to time.  If you purchase an item on Needs and Craves.com sold by a Marketplace Retailer or a Needs and Craves supplier, Needs and Craves may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.   

 

 

 13. Third-Party Software & Licensing Notices

The Needs and Craves Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”).  Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties, set forth at which is incorporated in these Terms of Use by reference.  

14. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Needs and Craves Sites may be governed by rules that are separate from these Terms of Use.  If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.  If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

 

15. Disclaimer of Warranties

THE NEEDS AND CRAVES SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEEDS AND CRAVES SITES, ARE PROVIDED BY NEEDS AND CRAVES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO NEEDS AND CRAVES ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NEEDS AND CRAVES SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEEDS AND CRAVES SITES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE NEEDS AND CRAVES ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, THE NEEDS AND CRAVES ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE NEEDS AND CRAVES SITES.  YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE NEEDS AND CRAVES SITES IS AT YOUR SOLE RISK.  THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY NEEDS AND CRAVES TO YOU THROUGH THE NEEDS AND CRAVES SITES.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE NEEDS AND CRAVES SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE NEEDS AND CRAVES SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO NEEDS AND CRAVES ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE NEEDS AND CRAVES SITES.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NEEDS AND CRAVES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE NEEDS AND CRAVES SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A NEEDS AND CRAVES ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO NEEDS AND CRAVES ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE NEEDS AND CRAVES SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO NEEDS AND CRAVES ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE NEEDS AND CRAVES SITES.

17. Indemnification

You agree to defend (at Needs and Craves’ option), indemnify, and hold the Needs and Craves Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Needs and Craves Sites or any breach by you of these Terms of Use.  Needs and Craves reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Needs and Craves if and as requested by Needs and Craves in the defense and settlement of such matter

These Terms of Use are effective unless and until terminated by either you or Needs and Craves.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Needs and Craves Sites.  We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Needs and Craves Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.  Upon any termination of these Terms of Use by either you or Needs and Craves, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Needs and Craves Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Your Use of the Needs and Craves Sites,” “Content and Ideas,” “Monitoring by Needs and Craves,” “Materials Available on the Needs and Craves Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Needs and Craves,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

19. General

These Terms of Use represent the complete agreement and understanding between you and Needs and Craves and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.  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 Needs and Craves.  Headings used in these Terms of Use are for reference purposes only and in no way, define or limit the scope of the section.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.  The failure of Needs and Craves to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Needs and Craves’ rights with respect to such breach or any subsequent breaches.  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.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.  Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Needs and Craves Sites or by e-mail (including in each case via links), or by regular mail.  Without limitation, 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.

20. Filtering

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that we do not endorse any of the products or services listed on such site.                                                                                                                                                                                                                                   21. How To Contact Us                                      

If you have any questions or comments, please contact us at https://Needs and Craves.com or by mail at the following address: Needs and Craves.com   137 Wimbledon  Lane , Owings Mills , MD. 21117 or email: needsandcraves@gmail.com

 Last updated on December 21, 2017