Effective Date: 4/29/17
ACCEPTANCE OF TERMS OF SERVICE
Contact and Electronic Communications. By accessing the SugarEd Applications or Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
YOUR USE OF THE SUGARED APPLICATIONS
Use of Our Services
SugarEd Productions provides an online subscription membership website where subscribers have access to informational resources, video tutorials, photo tutorials, articles and recipes pertaining to cake and cookie decorating, candy and dessert making and the cake/cookie decorating business, including a forum where subscribers can communicate with each other and SugarEd and share their own photos, opinions, recipes and tutorials. Premium subscribers will have 3 60 minute one on one phone consultations with Sharon Zambito per calendar year, in the form of phone, or online (skype type) communication. There is also an online store that sells cake decorating DVDs, supplies and tools.
In using our Services you agree that you will not:
share log in information with any other individual (one account per person, IP address); accounts where login sharing occurs will be disabled with no refund.
copy, display or distribute any part of the content available on SugarEd Applications (“Content”), in any medium, without SugarEd's prior written consent;
alter or modify any part of the Content or SugarEd Applications other than as may be reasonably necessary to use the SugarEd Applications for their intended purpose;
use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the SugarEd Applications or Services;
use or copy, Content or any data you view on and/or obtain from SugarEd Applications to provide any service that is competitive to SugarEd Applications, in SugarEd's sole discretion;
interfere with, interrupt, destroy or limit the functionality of the SugarEd Applications or any computer software or hardware or telecommunications equipment;
use the SugarEd Applications or Services in any manner that could damage, disable, overburden, or impair any SugarEd server, or the network(s) connected to any SugarEd server, or interfere with any other party’s use and enjoyment of any SugarEd Applications or Services;
gain unauthorized access to any SugarEd Applications or Services, other accounts, computer systems or networks connected to any SugarEd server or to any of the SugarEd Applications or Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
reverse engineer, decompile or disassemble any software accessed through SugarEd Applications or Services, including any proprietary communications protocol used by SugarEd;
send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted by you;
use information obtained from the SugarEd Applications to transmit any commercial, advertising or promotional materials;
use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the SugarEd Applications or Services or other users’ computers;
except as expressly authorized by SugarEd, advertise or offer to sell or buy any goods or services for any purpose;
Impersonate or create a false identity or falsify any information for the purpose of misleading others;
exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
use the Services for any unlawful purpose or any illegal activity, or post or submit any content, that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in SugarEd’s discretion.
Registration Obligations. In consideration of your use of the SugarEd Applications, you represent and agree that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or other applicable jurisdiction and will provide true, accurate, current and complete information about yourself as prompted by SugarEd Applications. SugarEd reserves the right to deny, in its sole discretion, any user access to the SugarEd Applications or Services without notice for any or no reason.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account for any SugarEd Applications you interact with. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SugarEd immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide properly documented evidence as reasonably requested by SugarEd). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by SugarEd or another party due to someone else using your account or password.
SERVICES PROVIDED BY SUGARED
Communication Services. The Services may contain bulletin boards and/or other message, communication or other mechanisms designed to enable you to communicate and interact with others on the SugarEd Applications (the “Communication Services”). All such communications, information and content, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, “Distribute”) is referred to as “User Content.” You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the Posting Requirements set forth in these Terms.
One on One consultations. Premium members qualify for three 60 minute phone or online consultations with Sharon Zambito per subscription term (one calendar year.) Unused consultations will not roll over into the next paid subscription term.
Points Program. SugarEd Points may be available to subscribers where subscribers are provided various opportunities from time to time on the Site to earn points by completing certain actions, such as posting photos, photo tutorials, leaving comments, and other activities provided by SugarEd Productions (“SugarEd Points Program”) which can be redeemed for select merchandise, consultations with Sharon Zambito, or other rewards as deemed by SugarEd Productions. Sugar Ed is under no obligation to continue its SugarEd Points Program upon notice to subscribers, and opportunities for subscribers to earn additional SugarEd Points are at SugarEd’s sole discretion and can be changed without notice. After redeeming SugarEd Points, the SugarEd Points will be deducted from your Point Account. Point Accounts are limited to one inpidual per account and cannot be combined. SugarEd Points cannot be redeemed for cash or any other credit and have no cash value and are non-transferrable. Upon the closing of an account for any reason all SugarEd Points will no longer be valid.
Modification to Services. SugarEd has the right to modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of SugarEd in providing its Services is to stop using those Services.
Third Party Sites: You may be able to access other websites or resources through links on the SugarEd Applications. Because SugarEd has no control over such sites and resources, you acknowledge and agree SugarEd is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT; REFUND POLICY
Free Services. Free resources include access to the public blog and the public resource pages.
Subscription Services. Our Subscription Service provides an online subscription membership website where subscribers have access to informational resources, video tutorials, photo tutorials, articles and recipes pertaining to cake and cookie decorating, candy and dessert making and the cake/cookie decorating business, including a forum where subscribers can communicate with each other and SugarEd and share their own photos, opinions, recipes and tutorials. Premium subscribers will have 3 one on one consultations with Sharon Zambito per calendar year, in the form of email, phone, or online (skype) communication. There is also an online store that sells cake decorating DVDs, supplies and tools.
Service Fees and Billing. If you sign up for Subscription Service ("Subscription Service") SugarEd will bill you monthly or annually (or another term of service which might be offered from time to time) (“term”) and will bill you the applicable term rate using the billing information you provide (your "Billing Account") for use of the Subscription Service. A one month term is a 30-day period. You agree to pay SugarEd all charges at the prices then in effect for your use of the Subscription Service using your Billing Account, and any applicable taxes, and you authorize SugarEd to charge your chosen payment provider (your "Payment Method") for the Subscription Service. You agree to make payment using that selected Payment Method. SugarEd will also charge your Payment Method for any merchandise ordered on SugarEd Applications. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If SugarEd does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method we may re-present such uncleared or rejected payment to your Payment Method Provider. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. SugarEd reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. Coupon codes or special offers are applicable to new accounts/members only.
Cancellation and Refund Policy. You can cancel your Subscription at any point during your current subscription term to avoid subsequent fees being billed by contacting Customer Support or by logging in, clicking on the "My Account" link, then clicking "Cancel My Account". All charges are NON-REFUNDABLE regardless of the amount of time left on your term. All prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. When you cancel automatic renewal on a Subscription, your Subscription and access will continue through the rest of the current term.
Current Information Required. You must promptly notify SugarEd if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by going to “My Account”. If you fail to provide SugarEd any of the foregoing information, you agree that SugarEd may continue charging you for any use of the Service under your Billing Information unless we have evidence that you have terminated your Subscription. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
POSTING OF USER CONTENT
Monitoring of User Content. SugarEd has no obligation to monitor or confirm the accuracy of User Content. However, SugarEd reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. SugarEd specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any Communication Services. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
License. You retain copyright and other intellectual property rights with respect to your User Content that you submit or Distribute through the SugarEd Applications to the extent that you have such rights under applicable law. If you have shared User Content with others through the SugarEd Applications SugarEd has no control over any third parties use of that User Content.
By submitting, transmitting, or displaying your User Content to or through the SugarEd Applications, you automatically grant (and you represent and warrant that you have the right to grant) to SugarEd, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the SugarEd Applications, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, modify and delete your User Content solely in connection with the SugarEd Applications (“License”). This License will enable each user of the SugarEd Applications to access your User Content as permitted through the functionality of the SugarEd Applications and under these Terms. This License includes the right to modify or adapt your User Content in order to transmit, display or distribute it over computer networks, in various career venues as provided in these Terms.
By providing User Content to us you represent and warrant that you own such User Content or otherwise have the right to grant us the License set forth in this section; that the User Content is accurate and not confidential and the submission, transmission, posting and use of your User Content on the SugarEd Applications is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights) and, you are solely responsible for, and SugarEd will have no liability in connection with your User Content or any other User Content you access through the SugarEd Applications. Your ownership in your User Content does not confer any rights of access to the SugarEd Applications nor any rights to Content stored by or on behalf of SugarEd.
No Confidentiality. You acknowledge and agree that your User Content posted via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by SugarEd and others and result in unsolicited communications. SugarEd is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with these Terms.
Ownership of Content and Marks. The Services, and all material published on or accessible through the SugarEd Applications, including, but not limited to text, tests, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, and other materials on the SugarEd Applications (together “Content”) is owned by SugarEd or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. SugarEd owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the SugarEd Applications. All trademarks, service marks, trade names, and trade dress appearing on the SugarEd Applications (“Marks”), are proprietary to SugarEd. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, SugarEd Applications or the Services, in whole or in part, without SugarEd's prior written consent. You acknowledge that you do not acquire any ownership rights in any Content downloaded from SugarEd Applications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SugarEd without express written consent. You may not use any Meta tags or any other "hidden text" utilizing SugarEd’s name or Marks without the express written consent of SugarEd. Our ownership rights
All right, title and interest in and to the SugarEd Applications and Services is and will remain the exclusive property of SugarEd and its licensors. In addition, any feedback, comments, ideas, concepts or suggestions (“Feedback”) you may provide regarding the SugarEd Applications or Services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
No Other License Granted. Except for allowing you to use the SugarEd Applications and Services for your use as set forth in the paragraph above, when you use the SugarEd Applications or Services, you are not receiving a license or any other rights from SugarEd, including intellectual property or other proprietary rights of SugarEd. You understand that you have no rights to the SugarEd Applications or Services or any other SugarEd property except as indicated in these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Filing a Complaint: SugarEd has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "DMCA") and avails itself of the protections under the DMCA. Further we reserve the right to remove any User Content on the SugarEd Applications which allegedly infringes another person's copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on SugarEd Applications which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on SugarEd Applications. If you believe any materials on SugarEd Applications infringes a copyright, you should provide us with a written request to take down the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number and email address (if available);
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice: If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
Identification of the copyrighted work (or works) that was removed by SugarEd and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
Your name, address, telephone number and email address (if available);
A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or New York if your address is outside of the United States;
A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down;
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
Copyright SugarEd Productions, Inc
PO BOX 1127
Mandeville, LA 70471
Atten: Sharon Zambito
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SUGARED APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING SUGARED APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SUGARED APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SUGARED MAKES NO WARRANTY THAT THE SUGARED APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT SUGARED DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SUGARED APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SUGARED APPLICATIONS OR SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SUGARED APPLICATIONS AND SERVICES AND CANCEL THE SERVICES SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, SUGARED DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SUGARED APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SUGARED APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE SUGARED APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SUGARED DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SUGARED APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL SUGARED BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SUGARED APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SUGARED APPLICATIONS OR A LINKED SITE.
ALL INFORMATION PROVIDED ON THE SUGARED APPLICATIONS IS STRICTLY FOR PERSONAL INFORMATIONAL PURPOSES ONLY. SUGARED DISCLAIMS RESPONSIBILITY AND YOU EXPLICITLY ACKNOWLEDGE THAT INFORMATION PROVIDED ON SUGARED APPLICATIONS IS NOT NOR SHOULD EVER BE RELIED UPON AS LEGAL, BUSINESS, FOOD SAFETY, OR FINANCIAL ADVICE.
ALL SURFACES, MATERIALS, INGREDIENTS AND EQUIPMENT THAT COME IN CONTACT WITH YOUR CAKE OR COOKING PROJECT MUST BE FOODSAFE AND PROPERLY SANITIZED. IT IS THE RESPONSIBILITY OF EVERY CAKE DECORATOR TO EDUCATE THEMSELVES ON FOOD SAFETY, SANITATION AND PROPER FOOD HANDLING PROCEDURES. TECHNIQUES AND TOPICS DISCUSSED ON SUGARED APPLICATIONS ARE FOR INFORMATION AND DEMONSTRATION PURPOSES ONLY. PLEASE CONTACT YOUR LOCAL HEALTH DEPARTMENT FOR INFORMATION ON PROPER FOOD HANDLING TECHNIQUES. SUGARED ACCEPTS NO RESPONSIBILITY FOR DAMAGES OR INJURY SUSTAINED OR INCURRED BY USING IMPROPER FOOD, EQUIPMENT, OR INGREDIENTS HANDLING PROCEDURES OR TECHNIQUES.
No liability for accumulated Content. When using the SugarEd Applications, you may accumulate content in your account or in My Favorites that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in SugarEd’s sole discretion with or without notice and with no liability of any kind. You acknowledge that, notwithstanding any rights you may have with respect to User Content you Distribute using SugarEd Applications, SUGARED DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SUGAREDS’ SERVERS.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUGARED OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SUGARED APPLICATIONS OR THE SERVICES, EVEN IF SUGARED HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SUGARED’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX MONTHS PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $25. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the SugarEd Applications or using the Services and agree to indemnify and hold SugarEd, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the SugarEd Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Term and Termination. These terms, as they may be modified as set forth herein, will remain in full force and effect while you use the Services. SugarEd can suspend or terminate your access to the SugarEd Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Age Requirements. The SugarEd Applications are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the SugarEd Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the SugarEd Application and Services.
Access to Services. SugarEd reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. SugarEd also reserves the right to change, modify, discontinue, suspend or abandon the SugarEd Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The SugarEd Applications and Services are controlled from facilities in the United States. SugarEd makes no representations that the SugarEd Applications or Services are appropriate or available for use in other locations. Those who access or use the SugarEd Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
RESOLUTION OF DISPUTES
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana without application of conflict of laws rules.
Resolution of any Dispute. In the event a dispute arises between you and SugarEd, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling Customer Care department at 504-239-0719, or e-mail us by using our contact form located at www. SugarEdproductions.com. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and SugarEd agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship; the Content and Services accessible from SugarEd Applications; claims that may arise after the termination of your Subscription; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. ("Claim(s)") which cannot be settled through Customer Care refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to SugarEd shall be sent to the following address: SugarEd Productions, PO Box 1127 Mandeville, LA 70471. All notices to users of SugarEd Applications will be sent to the email provided in the user’s account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or SugarEd may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association’s (“AAA”) under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State of Louisiana, and for any non-frivolous claim that does not exceed $10,000 SugarEd will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event SugarEd prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and SugarEd. They supersede any and all prior or contemporaneous agreements between you and SugarEd relating to your use of the SugarEd Applications or the Services. SugarEd may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of SugarEd to partially or fully exercise any rights or the waiver of SugarEd of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by SugarEd or be deemed a waiver by SugarEd of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of SugarEd under these Terms, its Policies and any other applicable agreement between you and SugarEd shall be cumulative, and the exercise of any such right or remedy shall not limit SugarEd's right to exercise any other right or remedy.
Please Contact Us with any questions by clicking on the "Contact Us" tab at www.sugaredproductions.com. Or you can email us at: firstname.lastname@example.org, or write to us at SugarEd Productions, PO Box 1127 Mandeville, LA 70471. Attention: Sharon Zambito.