Terms and Conditions
These terms and conditions (“Agreement” or “Terms”) apply to you and your purchase of products and services (“the Services”) from Sugarbreak (“SUGARBREAK”). By placing your order for products or Services, you accept and are bound to the terms and conditions of this Agreement. Please email us at firstname.lastname@example.org if you have any questions. Thank you for visiting our Site and for supporting our products!
CHANGES TO THESE TERMS.
SUGARBREAK may modify these Terms at any time, and such modification shall be effective immediately upon posting the modified Terms on this Site or via e-mail. Your continued use of this Site or of our products shall be deemed your acceptance of such changes. If you do not wish to be bound by these Terms, please do not use the Site or our products.
YOUR USE OF THIS SITE.
You agree to use this Site for your own personal, non-commercial use only. You also agree that your use of the Site and any of our products does not violate any applicable law or regulation. Finally, you acknowledge that you have the right, authority and capacity to enter into these Terms.
SUGARBREAK’S COMMUNICATIONS TO YOU.
When you use the Services or send communications to us through the Services, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Services from us electronically. You agree that SUGARBREAK may send you e-mail to advise you of our products, changes to this Site, or for other purposes. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from SUGARBREAK to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.
BILLING, MEMBERSHIP(retext-skip) & AUTO RENEWAL POLICIES.
Some Services offered by SUGARBREAK are subscription-based Services which are subject to Auto Renewal Terms. Your subscription will be automatically renewed, and your credit card will be automatically charged on a bi-weekly, or monthly basis, depending upon the billing terms for your account, for as long as you remain a member, but for no less than the minimum required term. You agree that SUGARBREAK will not be required to send you any renewal or advance billing notifications or confirmations that your credit card has been charged unless required by law. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to SUGARBREAK at the time of the suspension or termination.
We have made every effort to display the colors of our products as accurately as possible. However, we cannot guarantee that your monitor’s display will be accurate as the actual colors you see depend on your monitor.
From time to time there may be information on this Site that contains inaccuracies, omissions or typographical errors, that may relate to product descriptions, availability and pricing. We reserve the right to correct any inaccuracies, omissions or errors and to update information at any time without prior notice (including after you have submitted your order).
IMPROPER USE OF THIS SITE.
The content of this Site is the exclusive property of SUGARBREAK. You agree to not extract, modify, reproduce or distribute any of the Site’s content for any purpose other than for your own personal, non-commercial use, without the prior written consent of SUGARBREAK.
In addition, you agree not to use the Site to:
- (a) harm others, including, but not limited to, infringing upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
- (b) violate any laws, regulations, treaties or governmental or judicial order;
- (c) send or enable the transmission of junk email, “phishing” or “spamming” or unsolicited or duplicative messages;
- (d) distribute, transmit or upload programs or material that contains malicious code, including, but not limited to, viruses, cancelbots, time bombs, Trojan horses, worms, spyware, Easter eggs, or other potentially harmful programs or other materials or information;
- (e) impair, disrupt, alter or otherwise interfere with the content, features, functions, or use of this Site;
- (f) improperly display any TCP/IP(retext-skip) packet header or part of the header information in any e-mail or other postings;
- (g) gain illegal or unauthorized access to other computers or networks through hacking or other means;
- (h) gain unauthorized access to this Site; or
- (i) assist or permit any person to engage in any of the activities described above.
THIRD PARTY WEBSITES.
You agree that links to third party websites, including advertisements, are provided to you for convenience purposes only and that SUGARBREAK does not guarantee, endorse or have responsibility for the content, products or Services of any third party websites.
The Services may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
COMMENTS AND SUGGESTIONS.
We greatly value your suggestions, comments, feedback, postcards, ideas, and other submissions you may provide SUGARBREAK (“Comments”). Comments shall be SUGARBREAK’s property and the offering of Comments to SUGARBREAK shall constitute your assignment to SUGARBREAK of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SUGARBREAK will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. SUGARBREAK shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments or (3) to respond to any user Comments. Any materials, information, or Comments you send us or post by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by SUGARBREAK for any purpose whatsoever.
We may provide opportunities for you to post text, photographs, or other content on the Services. You may only post such content if you own all the rights to that Content, or if you have permission from other people who own the rights. You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you provide to SUGARBREAK.
We are not responsible for, and do not endorse, Comments posted by any other Services visitor. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Comments posted by another person.
TRADEMARKS AND COPYRIGHTS
All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of SUGARBREAK and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
SUGARBREAK, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. SUGARBREAK accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
If you believe this Site contains content that infringes on copyrights in your work, please e-mail the following information to email@example.com:
- (a) A description of the copyrighted work that you claim has been infringed upon and the location where the original or an authorized copy of the copyrighted work exists;
- (b) A description of where the infringing material is located on our website;
- (c) Your name, address, telephone number, and e-mail address;
- (d) The signature of the copyright owner or of the person authorized to act on behalf of the copyright owner;
- (e) A statement that you have a good-faith belief that SUGARBREAK’s use of the content is not authorized by the copyright owner, its agent, or the law.
- (f) A statement by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send this information to us by mail or e-mail:
By mail: [address]
By e-mail: [email].
Once notification in accordance with the above is received by the Designated Agent, it is SUGARBREAK policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of the Services that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to the Services.
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to SUGARBREAK Designated Agent within thirty (30) days of the date the Content was removed from the Services. A counter-notification must be a written communication that includes substantially the following:
- Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
- A signature or the electronic equivalent of the person submitting the counter-notification.
Upon receipt of a counter-notification in accordance with the above, SUGARBREAK shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform SUGARBREAK that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Services. If SUGARBREAK receives such notification within ten (10) business days, SUGARBREAK shall not replace the removed Content or cease disabling access to it. If SUGARBREAK does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Services, then SUGARBREAK shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable law, SUGARBREAK may, in appropriate circumstances, at SUGARBREAK sole discretion, terminate access to the Services of any user that SUGARBREAK finds to be a repeat infringer. SUGARBREAK reserves the right to define the criteria by which SUGARBREAK will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, SUGARBREAK will adopt that definition as a minimum standard. Without limiting SUGARBREAK right to define “repeat infringer,” as a general rule, SUGARBREAK will define a “repeat infringer” as any person or entity about whom SUGARBREAK has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. SUGARBREAK will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.
If you believe that a user is a repeat infringer, please follow the instructions above to contact SUGARBREAK Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, SUGARBREAK, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR ANY THIRD PARTY’S USE OF THE SITE OR THE PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, EVEN IF SUGARBREAK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S ACCESS OR USE OF THIS SITE, ANY CONTENT POSTED ON THIS SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED FROM SUGARBREAK.
Orders will be shipped at the speed disclosed at checkout. This speed is subject to change due to increased order volume, or other factors beyond our control. We are not responsible for any shipping delays.
There is a considerable amount of planning for each of your orders as they are made fresh. As a result, once you confirm your purchase, no refunds are offered. However, if you cancel your order at least 48 hours prior to a scheduled delivery you will be credited your purchase price (minus shipping fees) for a future order. For example, if you are scheduled for a Wednesday morning delivery, you must inform us of any change in your order by Monday morning. After Monday morning, your order would be confirmed and could not be changed for any reason.
REFUNDS FOR DAMAGED PRODUCTS.
SUGARBREAK will replace any product you can reasonably demonstrate was damaged before it left our facility, or during transit. If you received any damaged product, please e-mail us at firstname.lastname@example.org.
PRODUCTS ARE SOLD “AS IS”.
ALL PRODUCTS ARE SOLD “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
SUGARBREAK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE OR OF OUR PRODUCTS. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE OR OF OUR PRODUCTS.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT SUGARBREAK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR ANY OTHER DAMAGES FROM YOUR USE OF THIS SITE OR OF OUR PRODUCTS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
PROFESSIONAL ADVICE DISCLAIMER.
SUGARBREAK does not provide medical or counseling advice. None of our Services and nothing stated or posted on www.sugarbreak.com is intended to be, and must not be taken to be, the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes but is not limited to, diagnosis, prognosis, advice, psychiatry, psychology, psychotherapy or general health care treatment. Please seek the advice of your medical professionals as appropriate regarding the evaluation of any information, opinion or content on www.sugarbreak.com.
CONTENT IS FOR INFORMATIONAL PURPOSES ONLY.
THE CONTENT OF THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION THAT YOU FIND HERE, RECEIVE FROM OUR AGENTS OR EMPLOYEES, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE, OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTH CARE PROVIDER. PLEASE CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, OUR AGENTS OR EMPLOYEES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
You agree to indemnify and hold SUGARBREAK harmless from and against any and all claims, liabilities and damages (including, but not limited to, reasonable attorneys’ fees and legal costs) arising out of or relating to: (a) your use of the Site or (b) your or anyone else’s use or consumption of any products that you purchased through this Site.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Governing Law and Venue. This Agreement shall in all respects be governed by and construed in accordance with the laws of the United States of America and of the State of [insert state] without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Unless the parties agree otherwise in writing, any proceeding under or concerning this Agreement shall take place in [insert appropriate county].
Mandatory, Bilateral Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in [County] in the State of California, and under the laws of the State of California.
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The number of arbitrators shall be determined in accordance with those Rules. In considering the facts and issues, in conducting the hearings, and in rendering a decision or award, the arbitrator is required to strictly apply the law of the State of California and failure to follow California law is grounds for vacating the decision or award. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court located in [County], California or injunctive relief necessary to enforce the Confidential Information provision of this Agreement. Each party shall equally divide the fees and costs of the arbitrator(s). Each party shall pay for its own costs and attorney’s fees, if any. However, the parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled in court under controlling law.
Any party that seeks to confirm, vacate or have the judgment entered on any arbitration award shall do so exclusively in a court in [County], California. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in [County], California, for the purposes set forth above and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.
Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT YOU AND SUGARBREAK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE MEDIATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE MEDIATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.
STATUTE OF LIMITATIONS.
YOU AND SUGARBREAK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OF SUGARBREAK’S PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms and your use of this Site and of our products shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in [County], California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you have any questions about our products, please do not hesitate to contact us at email@example.com.
These Terms were last updated August 2020.