Terms and Conditions | M&M'S | M&M'S

1. INTRODUCTION

These terms and conditions (the "Terms") govern the order and purchase by you of any M&M'S® Chocolate Candies, including M&M'S® Chocolate Candies and pre-printed or custom-printed M&M'S® Milk Chocolate Candies ("Product") and any merchandise, including, but not limited to, custom-printed merchandise ("Merchandise") from mms.com, an online candy ordering service, called M&M'S® (the "Site"), operated by Mars Retail Group, LLC. ("Mars Retail Group"), a subsidiary of Mars, Incorporated as well as your general use of the Site. By using this Site and/or placing an order for Product and/or Merchandise, you accept and agree to be bound by these Terms, as well as to the (a) General Terms & Conditions for Web Sites Operated by the Mars, Incorporated Family of Companies and the (b) Mars, Incorporated. Privacy Policy, which are hereby incorporated by reference.

2. PRODUCT AND MERCHANDISE ORDERS

a. Pricing. Pricing, payment and other terms applicable to Product and Merchandise purchases, including, but not limited to, any applicable set-up fees, are set forth on the Site and incorporated into these Terms by reference. Mars Retail Group may, in its sole discretion, change any such prices or other terms at any time without notice.

b. General Requirements. By placing an order, you represent and warrant to Mars Retail Group that:

• You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
• If you are an individual consumer, the Product and/or Merchandise is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product or Merchandise to any third party for commercial purposes.
• If you are a business, the Product and/or Merchandise is being ordered on the M&M'S® website solely to promote your own products or services by distributing the Product and/or Merchandise to Customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the Product or Merchandise. (Note: If you are a promotional agency or distributor, you may resell the Product and/or Merchandise solely to businesses for use by such businesses to promote their own products or services as described in these Terms.) If you are a business, M&M'S® are available for purchase for resale through the Mars Retail Group, provided you have an agreement with Mars Retail Group. To find out more information, contact our Business Solutions Specialists via text or call us for a consultation at 1-866-290-6854, Mon-Fri, 9am-5:30pm ET.
• You will handle, store and transport all Product in accordance with applicable laws and regulations and in a clean and sufficiently odorless environment so that the Product is not adulterated in any way. You are solely responsible for and assume all liability arising from any repackaging of the Product.

c. Custom-printed Orders. In addition to the general requirements set forth above, by placing an order for custom-printed Product and/or Merchandise ("Custom Items") requesting use of a photograph, logo, name, trademark, tradename or other mark ("Customer Marks"), you represent and warrant that:

• you will not submit any "objectionable" material for inclusion on the Custom Items ;
• the Customer Marks you submit for inclusion on the Custom Items will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party ;
• you are solely responsible for and assume all liability arising from the Customer Marks or other material that you request be included on the Custom Items; and
• you have the unrestricted right to grant the license described below and there are no third party claims challenging the validity or ownership of the Customer Marks. In connection with any Custom Items that you may order, you grant to Mars Retail Group a royalty-free, nonexclusive, nontransferable license to use the Customer Marks on the Custom Items. You agree that you will indemnify and hold harmless Mars Retail Group and its affiliates and their respective employees, affiliates and agents, from and against any and all claims, suits, damages, liabilities, costs and expenses (including, but not limited to court costs and reasonable attorney fees) arising out of or in connection with any use of the Customer Marks in accordance with these Terms. You understand and agree that the printing process used to apply the Customer Marks may result in some variability in the Custom Items. You also understand and agree that the fact that we produce the Custom Items containing the Customer Marks or other material that you request be included on the Custom Items does not mean that (i) we approve or endorse such Customer Marks or other material, or (ii) such Customer Marks or other material comply with applicable law, or (iii) you will not incur any liability arising from use of such Customer Marks or other material. As between you and Mars Retail Group, all intellectual property rights in the Custom Items will be and remain the exclusive property of Mars Retail Group (except for the Customer Marks, which will be and remain your exclusive property) and you will not acquire any rights of any nature in such intellectual property as a result of your purchase or use of the Custom Items. Mars Retail Group will not sell or distribute the Custom Items to any third party without your express prior written approval. If you are a business, you will submit any and all advertising or other promotional materials relating to the Custom Items to Mars Retail Group for written approval before release for use or publication. Mars Retail Group will notify you of its approval or disapproval of such materials as soon as practicable.

d. Order Acceptance. All orders are subject to acceptance by Mars Retail Group. Mars Retail Group must and does reserve the absolute right to reject orders in its sole discretion.

3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS

a. For Merchandise, M&M'S® Chocolate Candies and pre-printed M&M'S® Milk Chocolate Candies: Please check the status of your order online. If the status of your order appears as 'shipped,' we are unable to add to, change or cancel your order. If your order has not yet been shipped, you may call Customer Service at 1-888-696-6788, chat or e-mail us and a representative will gladly assist you with your changes or cancellation.

b. For Custom Items: Orders for Custom Items are Final. Each order for Custom Items is made to order. Once an order is placed, the order is final and cannot be changed or cancelled.

4. CUSTOMER SERVICE: SHIPPING & RETURNS

Custom Items may not be returned for credit. If your Custom Item order arrives damaged or incomplete and you notify us of the problem within 10 business days after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product. For other information concerning shipping and returns, please refer to our Customer Service page.

5. YOUR CONTENT

From time to time, Mars Retail Group may permit you to post or submit content to the Site ("Content"). You understand that whether or not such Content is published, Mars Retail Group does not guarantee any confidentiality with respect to any Content. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mars Retail Group to use all intellectual property or other proprietary rights in and to any and all such Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms. You will retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant Mars Retail Group and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Mars Retail Group's business, including, without limitation, for promoting Product, Merchandise and the Site (and derivative works thereof) in any media formats and through any media channels. You understand and agree that Mars Retail Group may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted from the Site. The above licenses granted by you in Content are perpetual and irrevocable. You further agree that (a) you will not post Content that includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mars Retail Group all of the license rights granted herein; and (b) you will not post Content that includes material that violates or fails to conform to applicable local, national, and international laws and regulations. Mars Retail Group does not endorse any Content or any opinion, recommendation, or advice expressed therein. Mars Retail Group expressly disclaims any and all liability in connection with Content. Mars Retail Group is not responsible for and does not assume any liability for the comments and opinions expressed by you or other users of the Site. You remain solely responsible for your Content. You agree that when using the Site, you will act in a manner consistent with the goals of the Site. By way of example, and not as a limitation, you specifically agree that: (a) you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that Mars Retail Group in its sole discretion views as objectionable, including but not limited to, text, graphics, audio, and video files; and (b) you will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of the Site or another's computer.

6. FORCE MAJEURE.

Notwithstanding any other provision of these Terms, if Mars Retail Group is delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, Mars Retail Group will not be liable for damages resulting from such delay or prevention. Mars Retail Group will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Mars Retail Group, its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product and Merchandise orders, (ii) Product and Merchandise orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of Product and Merchandise, (iv) breach of any provision of these Terms by you or any third party using your account or password; (v) Content; and/or (vi) your use of the Site.

8. MODIFICATIONS

Mars Retail Group may change, suspend or discontinue all or any aspect of the Site at any time, including, without limitation, the processing of orders for Product and/or Merchandise and the availability of any information, without prior notice or liability. Mars Retail Group reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.

9. WARRANTY DISCLAIMER

MARS RETAIL GROUP PROVIDES ALL PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARS RETAIL GROUP AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.

10. LIMITATION OF LIABILITY

In no event will Mars Retail Group be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or inability to use) the Site and/or Product or Merchandise, even if Mars Retail Group has been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.

11. MISCELLANEOUS

Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superceded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of Mars Retail Group. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy of the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms.