legal stuff

 

User Registration

You may be asked to register in order to subscribe to access certain features of the Sites. If so, you will choose a user name and a password through the Sites’ registration process. You are responsible for keeping your user name and password confidential and it may not be shared with anyone else. You are responsible for all activities and purchases (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Owner cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

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By registering for an account on the Sites, you assert that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, state or country of residence, email, social media addresses, and/or telephone number when registering on the Sites. By registering with the Sites, you consent to receive periodic communication from Owner and its affiliates, employees, agents, representatives and any third-party service provider of Owner regarding your inquiry and/or obtaining the Services. For more information in how Owner may use the information you provide during registration or otherwise provide to Owner, please see the Privacy Policy.

 

Proprietary Rights

You may not use the contents of the Sites in any manner or for any purpose that would constitute infringement of Owner’, its licensors’, or the Sites’ other user’s intellectual property rights. You may not copy or post any content of the Sites in any other public forum without the written consent of Owner and the respective owner, including forums such as other websites, web services, or print publications. You may not use, copy or quote content, or user information, to include user contact information, on any of the Sites for any purpose other than the purpose of the Sites. You may not contact users of the Sites to market or sell third-party products without the express written permission of Owner. Owner or its licensors own all trademarks and service marks appearing on the Sites. The unauthorized use or misuse of these trademarks and service marks is prohibited.

 

Access to the Sites

If you register for a subscription, you agree to pay the subscription fee identified on the Sites for your access to the subscription-controlled portions of the Sites. However, Owner reserves the right to discontinue your access to all or a portion of the Sites if you violate these Terms of Use or any applicable laws in its sole discretion. Owner reserve the right to change the Sites or Services in its sole discretion by adding or removing services, information, content or others features of the Sites.

 

Payment

All payments will be processed using a third-party payment provider. Owner do not collect or store your payment information. All payments will be governed by the terms of use of the third-party payment provider which can be accessed from Privacy Policy.

 

Your Communications to the Sites

Except to the extent your content or communications to Owner include Personal Data (defined in the Privacy Policy), by forwarding any content or communications to Owner through the Sites or by other electronic means, you thereby grant Owner a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services.

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By posting any content in a public forum on the Sites, you thereby grant Owner a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content as necessary for the Services. No compensation will be paid to you with respect to Owner’ or its sublicensees’ use of your communications. Owner is under no obligation to post or use any content and communications you may provide and may remove any content or communication from a forum at any time in Owner’s sole discretion. By posting, uploading, inputting, providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and communications and grant the license above.

 

Prohibited Activities

The following activities are expressly prohibited from the Sites:

Posting any information that is intended to convey any medical advice or medical treatment information, questions, or concerns related to the care or diagnosis of a person to Owner or its staff on the Sites. All physical or medical information, questions, or concerns should be made by directly contacting your physician or qualified health professionals.

Posting any information that is intended to convey legal advice. All users should consult licensed attorneys for certain legal advice related to their individual circumstances.

Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.

Posting false, misleading, or fraudulent statements or content.

Creating a username in violation of anyone’s trade secret, copyright, or other intellectual property right.

Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.

Engaging in activity that is unauthorized advertisement or promotions, including unauthorized solicitation of users of the Sites.

Collecting personal information of other users of the Sites without the user’s consent.

Engaging in activity that compromises the Sites. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.

Engaging in any activity designed to impede the use of the Sites by other users, including overloading and flooding.

Framing or deep linking into the Sites.

Accessing the Sites by means of automated process, spiders, bots or similar device.

 

Federal and State Laws

When using the Sites, on the Sites, or when using any other media provided by Owner, you must obey all applicable federal, state and local laws. The Sites are operated from the United States.

 

Medical Disclaimer

YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITES IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THE SITES IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. THE INFORMATION AND VIEWS PROVIDED BY INDIVIDUAL CONTRIBUTORS ON THE SITES SHALL NOT BE ATTRIBUTED TO CANDYIRVEN.COM.

THE SITES IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE SITES OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.

 

Legal Advice Disclaimer

YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITES IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THE SITES IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS LEGAL ADVICE, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH A LICENSED ATTORNEY. THE INFORMATION AND VIEWS PROVIDED BY INDIVIDUAL CONTRIBUTORS ON THE SITES SHALL NOT BE ATTRIBUTED TO Owner.

 

Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITES, INCLUDING THE DIRECTORY LISTINGS AND OTHER USERS OF THE SERVICES. ANY THIRD-PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. OWNER DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

OWNER DO NOT VERIFY ANY EDUCATIONAL CREDENTIALS OR CERTIFICATION REPRESENTATIONS MADE BY OTHER USERS OF THE SITES. OWNER DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, CONTENT, OR OTHER POSTED MATERIAL ON THE SITES IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

By providing THE SERVICES on the Sites, Owner do not in any way promise that the SERVICES will remain available to you. Owner is entitled to terminate all or part of any of the Sites at any time, in its sole discretion without notice to you.

 

Limitation of Liability

THE LIABILITY OF OWNER and its affiliates, employees, agents, representatives and third party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITES, OR THE CONTENT OR SERVICES OBTAINED THROUGH THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED TWENTY DOLLARS ($120).

IN NO EVENT WILL OWNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, OR ON ANY OTHER HYPERLINKED WEBSITES OR POP-UP ADVERTISER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

You agree to indemnify, defend and hold harmless Owner and its affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Sites. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Sites, or breach the terms of these Terms of Use.

 

Third-Party Links

The Sites may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Owner exercises no control. Owner expressly disclaims any responsibility for the content or results from your use of such third-party websites.

 

Copyright Complaints

Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner’s copyright agent with the following information.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

Description of the copyrighted work that you claim has been infringed;

The location on the Sites of the material that you claim is infringing;

Your address, telephone number and e-mail address;

A statement that your claim of infringement is based on a good faith belief; and

A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Owner’s copyright agent for notice of claims of copyright infringement on the Sites can be reached as follows: candyirven@gmail.com

 

Miscellaneous Provisions

Severability.

If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

 

Website Availability.

Owner cannot guarantee the Sites will be available 100% of the time because public networks, such as the internet, occasionally experience disruptions. Although Owner strive to provide the most reliable websites reasonably possible, interruptions and delays in accessing the Sites are unavoidable and Owner disclaim any liability for damages resulting from such problems.

 

Typographical Errors.

Information on the Sites may contain technical inaccuracies or typographical errors. We attempt to make the Sites’ postings as accurate as possible, but Owner do not warrant the content of the Sites is accurate, complete, reliable, current, or error-free.

 

Headings.

Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

 

Controlling Law and Venue.

It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of North Carolina, without giving effect to the conflict of law’s provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Buncombe County, North Carolina.

 

PRIVACY POLICY

 (Date of Last Revision: March 30, 2022)

Candy Irven, Owner, (herein referred to as“Owner”, “we”, or “us”) are committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Policy applies to the Owner's websites and governs data collection and usage. By using the websites, you consent to the data practices described in this policy.

We will collect personal data that you submit or which we collect through your use of the websites.  We may disclose this personal data to Owner’s affiliates and third-party service providers as described in more detail below. We will keep you informed by electronic means about events, products, services and sessions that we believe may be of interest to you as a user of the Owner’s websites. We may transfer your personal data to countries or jurisdictions which do not provide the same level of data protection as the country in which your personal data was originally collected. If we do make such a transfer, we will take appropriate steps to protect your personal data. We also use cookies to allow us to provide our services and products. If you continue to use our websites, then we will assume that you agree to our collection and use of your personal data as described in this policy.  You may review the Privacy Policy in its entirety below.

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If you have questions or concerns about our privacy policy or practices, please contact us at candyirven@gmail.com

Please read carefully through all sections of this Privacy Policy.

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The Sites provide information about Breathwork, Hypnosis, Coaching, Cardology and Intuitive services, as well as online courses, workshops, bootcamps, videos, subscription services, podcasts, blogs, e-books on various self-help topics. (the “Services”).

Your access to and use of the Sites is subject to this Privacy Policy and all applicable laws.  By registering with, creating an account, booking a session, accessing and/or otherwise using the Sites, or otherwise submitting your contact information to receive more information from Us through the Sites, you consent to Owner's use of the Personal Data as set forth below in this Privacy Policy.  If you do not agree to this Privacy Policy, then you may not use the Sites and you should not register with or submit your contact information to the Sites. This Privacy Policy may be changed by Us from time to time without notice to you, and the governing version will be posted on the Sites.  Please review this Privacy Policy on a regular basis as your use of the Sites will be governed by the then-current Privacy Policy.

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Owner recognizes the importance of protecting the privacy of our customers and the users of the Sites.  However, some uses of such information are required for us to conduct legitimate business by providing information of interest our customers and the users of the Sites.

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Notice to California, U.S.A residents

Except as expressly identified below, we do not disclose a user’s personal data to any third party for such third party’s direct marketing purposes. Thus, under California Civil Code Sections 1798.80-1798.84, Owner has no obligation to a California resident to provide further information regarding Owner’s use of the California resident’s personal data.  Any inquiries regarding the Terms of Use or, specifically, this Privacy Policy can be directed to the contact identified below.

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Notice to Utah, U.S.A residents

Except as expressly identified below, we do not disclose a user’s personal data to any third party for such third party’s direct marketing purposes.

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Notice to Europe Economic Area Residents

If you are a resident of Europe or the U.K., the Personal Data we collect from you may be transferred to and stored at a destination outside the European Economic Area (“EEA”).  The Personal Data may also be processed by staff operating outside the EEA that work for Us or one of our subsidiaries, affiliates, or third-party service providers. By submitting your Personal Data, and/or using the Sites, you agree to this transfer, storing and processing. We take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

 

What this Privacy Policy Covers

This Privacy Policy covers our treatment of Personal Data that we collect when you are on the Sites and when you use Services provided on the Sites. This policy does not apply to the practices of companies that we do not own and/or control or to people that we do not employ or manage.

 

Information Collection and Use

Through your use of the Services, we may collect the following “Personal Data” from you if you choose to provide it, including:

Your name, address, email, username, company, state or country of residence, social media addresses, and/or telephone number (“Contact Information”).

Our third-party payment services provider collects your credit card number, billing address, shipping address, security code and other payment transaction and verification details (“Payment Information”).

Pages and products viewed, ads that you clicked on, emails from us that you opened, browser type, operating system, IP address and device information (“Analytical Information”).

We may also collect publicly available information about you from third-party sources, such as the postal service for shipping address verification.

Your mobile operating system (OS), a mobile device identifier embedded by Us, or other commonly used mobile device identifier if you access the Sites on a mobile device.

 

How Your Personal Data May Be Used.

We may use Analytical Information to customize the advertising and content you see on our pages; to improve the performance or layout of our websites; to develop new services and ideas; and to better administer and troubleshoot our systems.

We may use Contact Information and other Personal Data to provide you the Services on the Sites; to evaluate and improve the Services; to provide access to certain password protected areas of the Sites; to fulfill your requests for information; to contact you about Owner products or services and those of our affiliates, based on the preferences you have indicated; and your Payment Information will be used by our third-party payment service providers to process any payments you make to us using the Sites.

We will give you the opportunity to “opt out” of receiving any unsolicited information from Us or to limit the unsolicited information you receive from Us to information regarding the Services or information you specifically request or information we determine you may find useful as a result of your use of the Sites.

 

Payment

All payments will be processed using a third-party payment provider.  Owner do not collect or store your payment information. All payments will be governed by the terms of use of the third-party payment provider which can be accessed here:

Facebook: https://www.facebook.com/payments_terms

PayPal: https://www.paypal.com/webapps/mpp/ua/privacy-full

Stripe: https://stripe.com/us/privacy/

YouTube: https://www.youtube.com/t/terms_paidservice

 

Information Sharing and Disclosure

Except as otherwise described in this Privacy Policy, we will not share your Personal Data with any other person or company.  We will share Personal Data about you to other companies or people when:

We need to share your information to provide the products or service you have requested;

We need to send the information to companies who work on behalf of Owner to provide a product or service to you (unless we tell you differently, these companies do not have any right to use the Personal Data we provide to them beyond what is necessary to assist us);

We find that your actions on our websites violate the Terms and Conditions of Use, any of our usage guidelines for specific services or any agreement; and

As required to respond to or initiate subpoenas, court orders, or legal process.

In the event you voluntarily share personal or sensitive information on a publicly available product or service review, on a message board, or in a chat room offered by the Sites, please be advised that such information may be collected and used by the other users of the Sites who have access to such message boards and chat rooms.  Owner shall have no liability resulting from the misuse of information you voluntarily share during your use of the Sites. Owner shall have no obligation to police the message boards and chat rooms, but has the ability to remove such information in its sole discretion.

 

Use of Cookies

We use “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts), to help provide you a better, more personalized user experience. These technologies are used to:

Make the user experience more efficient (e.g., maintaining items in your Shopping Cart between visits);

Remember your preferences (e.g., browsing language, account login information);

Help Us understand and improve how visitors use our websites, including which of our pages and products are viewed most frequently.

The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser settings. At the beginning of each of your visits to our websites, the websites also provide the ability to turn off all non-strictly necessary cookies for the Owner's websites during that visit. Please be advised that disabling cookies through either method may impact many of our websites’ features.

Instructions for blocking or allowing cookies in common internet browsers are provided at the links below:

Internet Explorer 

Firefox

Google Chrome

Apple Safari

AboutCookies.org

We only use strictly necessary cookies.  Strictly necessary cookies are cookies that are required for the operation of our Sites. They include, for example, cookies that enable you to log into secure areas of our Sites, use a shopping cart or make use of e-billing services.

We also allow third parties to place cookies on your device through the Services to:

Help Us understand and improve how visitors use our websites, including which of our pages and products are viewed most frequently;

More effectively market our products and services and advertise other products and services that may be of interest to you;

The use of third-party cookies is not covered by our Privacy Policy.  We do not have access or control over these cookies. If you continue to use our websites, we will assume you agree to the use of these cookies.  You may visit the following links from our third-party partners to opt-out of their tracking and learn about their privacy practices:

 Google Analytics:

To view Google’s privacy policy, please visit: http://www.google.com/policies/privacy/.

To opt-out, please download and install the Google Analytics opt-out browser add-on by visiting: https://tools.google.com/dlpage/gaoptout.

 

Interest-Based Ads

 Unaffiliated third parties may use cookies and other technologies on Our websites to collect information about your online activities over time and across different websites you visit in order to provide you with interest-based advertising. You can generally opt out of receiving interest-based advertisements from members of the Network Advertising Initiative or the Digital Advertising Alliance by clicking here for NIA (https://www.paypal.com/webapps/mpp/ua/privacy-full) or here for DAA (https://www.paypal.com/webapps/mpp/ua/privacy-full). When you opt out using these links, please note that you may still receive advertisements. They just will not be personalized based on your interests.

 Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, Our websites do not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

 

Ability to Review and Edit Your Information

You may review and approve the Contact Information about you that was stored in our database and obtained through your use of or registration on the Sites. Upon your written request, we will remove that information from our database or change or correct personal data that you state is erroneous within applicable regulatory or other legal requirements.  You should understand, however, that information about you in our database might come from a number of sources.

 

Security

We will maintain reasonable safeguards to ensure the security, integrity and privacy of your Personal Data. However, no electronic storage method or data transmission over the Internet can be guaranteed to be 100% secure.

 

Commitment to Children’s Privacy

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, the Sites do not permit children under 13 years of age to become users, and we do not intentionally collect information from children. By using the Sites, you represent that you are 13 years of age or older.

 

Changes to this Privacy Policy

We reserve the right to change, modify or otherwise update this policy at any time. These changes or updates will be effective immediately.  We may provide you notice of such changes when they are material, such notice may be given by posting on the Sites, by electronic or conventional mail or by any other means by which you obtain notice of the changes or updates.

 

Policies of Other Websites

The Sites may contain links to third-party websites not owned or controlled by Owner.  Owner is not responsible for the privacy policies of any third-party websites which user may access through a third-party link.  Further, these third-party websites may have privacy policies that differ from this Privacy Policy. Owners disclaim all responsibility for the privacy practices of such other third-party websites. You should read the privacy policies of each third-party websites you visit to determine what information that each third-party website may be collecting about you and how they intend to use such information.

 (A) Notice and consent for data collection.

By providing the on-line services to you, Owner will collect and store your name, address, email address, phone number, and website usage history (“Personal Data”).

By registering on the site:

You confirm that you have read, understood and accept the Terms of Use and are over the age of 18 (or are a parent or legal guardian of a user under the age of 18). If you do not agree to the Terms of Service, you are not authorized to use the websites.

 You consent to the processing of your Personal Data in the manner set out in the Privacy Policy. By processing we mean collecting, transferring to the United States, storing in the United States and using your Personal Data for the purposes of providing the on-line services to you, and for communicating with you about the on-line services.

You consent to us contacting you by email from time to time to tell you about products and services that may be of interest to you.

 

REFUNDS & RETURNS

WE DO NOT OFFER REFUNDS FOR PURCHASED SERVICES, SESSIONS, ONLINE CLASSES, IN-PERSON CLASSES OR ONLINE PRODUCTS NOR DO WE ACCEPT RETURNS OF ANYTHING PURCHASED ON CANDYIRVEN.COM

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QUESTIONS & CONTACT INFO

If you have any questions about Owner, the Sites, our products, the Services, the Terms of Use or the Privacy Policy, you may contact us at: candyirven@gmail.com

Owner:

Candy Irven

 

Domains Covered:

candyirven.com

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LIABILITY WAIVER

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