Terms of Use for Freedom Candles, LLC
Effective Date: September 19, 2025 Last Updated: September 19, 2025
1. Introduction and Acceptance of Terms
Welcome to Freedom Candles, LLC (“FCC,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, services, and platform (collectively, the “Services”). By creating an account, accessing our website, or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Services.
We may amend these Terms at any time by posting the amended terms on our website. We will provide notice of any material changes. Your continued use of the Services after any such amendment constitutes your acceptance of the new Terms.
2. Eligibility and Account Registration
To create an account and use our Services, you must be a resident of the United States and at least 18 years of age. Individuals under the age of 13 are strictly prohibited from using the Services. You represent and warrant that you meet these eligibility requirements and that all information you provide during account registration is accurate and complete. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
3. Business Model and Services
FCC provides a platform for independent candle sellers (“Candle Sellers”) to operate their own businesses under their own trade names. Our business model is based on a monthly subscription fee, which grants Candle Sellers access to our platform and a license to use certain FCC intellectual property. FCC partners with a third-party supplier, ModernCandle.com, for the manufacturing and fulfillment of all candle products. Candle Sellers receive a 60% commission on the profit from their sales, while ModernCandle.com retains 40%. FCC’s revenue is generated solely from the monthly subscription fees paid by Candle Sellers.
4. Intellectual Property Rights
4.1. FCC Intellectual Property
All content, trademarks, service marks, trade names, logos, and other intellectual property associated with our website and Services are the sole property of Freedom Candles, LLC. We grant Candle Sellers a limited, non-exclusive, non-transferable, revocable license to use FCC’s trademarks and trade names solely in connection with FCC-approved business activities and in accordance with our brand guidelines.
4.2. User-Generated Content
You retain ownership of any original content you create and post on our platform (“User-Generated Content”). However, by posting User-Generated Content, you grant FCC a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing and promoting the Services.
5. User Conduct and Responsibilities
You agree to use the Services in compliance with all applicable local, state, national, and international laws and regulations. You are solely responsible for your conduct and for any content you provide. Prohibited activities include, but are not limited to:
- Engaging in any fraudulent, deceptive, or unlawful activity.
- Infringing on the intellectual property rights of others.
- Harassing, abusing, or harming another person.
- Distributing spam, chain letters, or other unsolicited communications.
- Using any automated system to access the Services in a manner that sends more request messages to the FCC servers than a human can reasonably produce in the same period by using a conventional on-line web browser.
- Misusing FCC’s website, trademarks, or inventory.
6. Payments, Fees, and Refunds
Candle Sellers agree to pay a monthly subscription fee. This fee is non-refundable. Failure to pay the subscription fee may result in the suspension or termination of your account. All payments are processed through a secure third-party payment processor. FCC is not responsible for any errors or issues that may arise from the use of the third-party payment processor.
7. Termination
7.1. Termination by FCC
FCC reserves the right to suspend or terminate your account and access to the Services with 30 days’ written notice for any reason. We may suspend or terminate your account immediately, without prior notice, for nonpayment of fees or for a material breach of these Terms.
7.2. Termination by User
You may terminate your participation as a Candle Seller at any time by providing written notice to FCC. Upon termination, your license to use FCC’s intellectual property will be revoked, and your account will be deactivated.
8. Limitation of Liability and Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FCC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL FCC BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, INVENTORY DELAYS, TECHNICAL ISSUES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. FCC’S MAXIMUM LIABILITY TO ANY USER SHALL NOT EXCEED THE TOTAL FEES PAID BY THAT USER IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
9. Indemnification
You agree to indemnify, defend, and hold harmless Freedom Candles, LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other right of any third party.
10. Dispute Resolution
All disputes arising out of or related to these Terms or the Services shall be resolved by mandatory mediation, followed by binding arbitration in Phoenix, Arizona. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitrator’s decision will be final and binding. Each party will bear its own costs of mediation and arbitration.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law principles.
12. Miscellaneous
12.1. Force Majeure
FCC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FCC’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
12.2. Accessibility
FCC is committed to making its website and Services accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1. If you have any difficulty accessing our website or Services, please contact us at info@freedomcandles.us.
12.3. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Freedom Candles, LLC concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
13. Contact Information
For questions about these Terms, please contact us at:
Freedom Candles, LLC Email: info@freedomcandles.us