Last updated: March 01, 2023
Introduction
Welcome to Sugar & Jade®! These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of our website located at www.sugar-jade.com (together or individually “Service”) operated by Sugar & Jade® (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are owned by Sugar & Jade® and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Sugar & Jade® name, logo, trademarks and the product names associated with it are trademarks of Sugar & Jade® or its affiliates, partners, suppliers or licensors unless otherwise indicated.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Sugar & Jade®’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Sugar & Jade®’s website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Sugar & Jade® at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Sugar & Jade®’s website are provided on an ‘as is’ basis. Sugar & Jade® makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Sugar & Jade® does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Sugar & Jade® or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Sugar & Jade®’s website, even if Sugar & Jade® or an authorized representative has been notified orally or in writing of the possibility of such damage.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on Sugar & Jade®’s website could include technical, typographical, or photographic errors. Sugar & Jade® does not warrant that any of the materials on its website are accurate, complete or current. Sugar & Jade® may make changes to the materials contained on its website at any time without notice. However, Sugar & Jade® does not make any commitment to update the materials.
Links
Sugar & Jade® has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sugar & Jade® of the site. Use of any such linked website is at your own risk.
Modifications
Sugar & Jade® may revise these terms and conditions for its website at any time without notice. By using this website, you are agreeing to be bound by the current version of these terms and conditions.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California, United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.
Age Restriction
You must be at least 18 years of age to use this website. By using the Service, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years old, do not access or use the Service.
User Account
If you create an account on the Service, you are responsible for maintaining the security of your account and password, restricting access to your account, and any activities that occur under that account. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services.
Providing false or inaccurate information during the account creation process may result in the termination of your account. You must immediately notify us of any unauthorized use or your account or password, or any other breach of security. We will not be liable for any loss or damage arising from any unauthorized use of your account or password.
User Content
We may, in our sole discretion, permit you to submit, post or display content on the Service like comments, testimonials, photos, videos, etc. Any content you submit is subject to the terms of our Privacy Policy.
You are solely responsible for all content you submit, post or display on the Service. By submitting content to us, you represent and warrant that:
- You are entitled to submit the content and it is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties;
- Your content does not consist of unsolicited or unauthorized advertising or commercial offers;
- Your content does not contain software viruses, malware, spam or other harmful components;
- Your content does not reveal any trade secrets or confidential or proprietary information of another person or entity;
- You have obtained any consents or permissions required for the submission, posting and use of your content;
- Your content will not contain falsehoods or misrepresentations that could damage us or others;
We may remove or modify your content for any reason, including content that we determine violates these Terms and Conditions or our content policies.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, postal address, payment information, product options, etc.
Any Purchases through the Service may require payment with a valid credit card. You represent and warrant that: (i) you have the legal right to use any credit card provided in connection with making the Purchase; and that (ii) the information you supply is true, accurate and complete.
The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by specific rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Content Ownership
We own all intellectual property and other rights, title and interests in our Service, including any content we post ourselves or that our users and partners make available. All content you access through our Service is licensed to you by us and our licensors. This license is conditioned upon your compliance with these Terms and Conditions.
You will not acquire any ownership rights whatsoever in the Service or any content you access through our Service. Any feedback, comments, or suggestions you may provide regarding Sugar & Jade® or the Service is entirely voluntary and will not create any confidentiality or other obligations on our part.
We reserve all rights not expressly granted under these Terms and Conditions.
Attribution
We may display or link to third party content on our Service. Any third party content we make available is provided for informational and entertainment purposes only. We make no representations or warranties regarding third party content, including its legality, accuracy or quality. Third party content may belong to or be licensed by the third party content provider and is protected by intellectual property laws.
Any use of third party content, including without limitation distribution, modification, and reproduction requires the permission of the content owner and is subject to any restrictions imposed by them. It is your responsibility to obtain any required permissions for third party content you use or access.
Subscriptions
Some parts or features of our Service may require payment of fees. If you purchase a paid subscription to use the Service, you agree to pay all applicable fees and taxes and comply with any additional terms specific to the subscription.
The subscription fee will be billed at the beginning of your subscription period. This fee will automatically renew at the end of each subscription period unless you cancel your subscription. You may cancel your subscription at any time through your account. Any cancellation will take effect at the end of your current billing period, with the subscription remaining active until that time.
We reserve the right to change our subscription fees and billing methods at any time. We will provide you advance notice of these changes.
If your payment method fails or your account is past due, we may suspend or terminate your subscription.
Limited License
Sugar & Jade® grants you a limited, non-exclusive, non-transferable license, to access and use the Service and download, view, copy, display and print any content to which you have properly gained access solely for your personal, informational and non-commercial purposes only. You may not reuse, reproduce, distribute, modify, transmit, post, or publicly display the content or software you access through this Service without our express written permission.
Modifications to Service
We reserve the right to withdraw or modify our Service at any time. We will not be liable if for any reason all or any part of the Service is restricted, unavailable or discontinued.
If we make material changes that reduce your rights or obligations, we will provide notice to you if required by applicable law. Your continued use of our Service after any modifications indicates your acceptance of the changes.
Backups
You agree to back up any data, content, information and programs you obtain or access through the Service to protect against loss, alteration, destruction or corruption.
Access and Interference
You agree that you will not:
- Use any robot, spider, scraper or other automated means to access the Service for any purpose;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service;
- Use the Service in any way that could interfere with, disrupt or negatively affect the Service or servers connected with the Service;
- Use the Service in violation of any applicable law or regulation, including without limitation any relevant data protection or privacy laws;
- Post or transmit any malicious code through the Service; or
- Attempt to gain unauthorized access to any portion of the Service, accounts registered to other users, or any systems or networks connected with the Service.
Indemnification
You agree to defend, indemnify and hold harmless Sugar & Jade®, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, or your violation of any term of these Terms and Conditions.
This defense and indemnification obligation will survive termination, modification or expiration of these Terms and Conditions and your use of the Service.
Limitation Of Liability
In no event shall Sugar & Jade®, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, in no event shall Sugar & Jade®’s total liability to you arising out of or in connection with these Terms and Conditions or from the use of or inability to use the Service exceed one hundred dollars ($100). Any damage award against Sugar & Jade® shall be reduced by the amount of fault attributable to your conduct.
Warranty Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
Sugar & Jade® and its partners, affiliates, agents, directors, employees or other representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Sugar & Jade® makes no warranty that (i) the Service will meet your requirements; (ii) access to the Service will be uninterrupted, timely, secure, virus-free or error-free; (iii) any defects in the Service will be corrected; or (iv) the Service will be accurate or reliable. No advice or information obtained by you from Sugar & Jade® shall create any warranty not expressly stated in these Terms and Conditions.
Any content you download, access or use through the Service is accessed at your own discretion and risk. Sugar & Jade® has no control over third party content and accepts no responsibility or liability for any damages or loss arising from your access to or use of third party content.
Severability
If any provision or portion of these Terms and Conditions is determined to be invalid, illegal or unenforceable by a court or competent authority for any reason, the remaining provisions hereof shall remain in full force and effect.
Assignment
You may not assign or transfer these Terms and Conditions or any of your rights, duties or obligations hereunder, in whole or in part, without our prior written consent. We reserve the right to freely assign these Terms and Conditions and our rights and obligations hereunder.
Headings
The section headings in these Terms and Conditions are for convenience only and do not have any legal or contractual effect.
