Terms & Conditions
A. ABOUT US
I. The Website is operated by SweeTooth LLC, a limited liability company organized in the State of Wisconsin, referenced herein or incorporated by reference as (“we”, “us”, or “our”).
B. USE AND ACCESS OF THE WEBSITE
III. We reserve the right to withdraw or amend access to our Website without notice. We may restrict access to some or all parts of our Website to users regardless of whether they are registered members or unregistered guests.
C. INTELLECTUAL PROPERTY RIGHTS PERTAINING TO THE WEBSITE
I. With the exception any content posted or provided by you, we are the owner of all the material published on the Website. This includes but is not limited to, design, text, graphics, logos, software, and all intellectual property rights therein (such as copyright, trademarks, patents, etc.). No Website content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by any means in any form, in whole or in part, without our prior written permission granting our consent.
III. All Website content and material which includes, but is not limited to, photographs, images, text, comments, communications, suggestions, or other information (each, a “Submission”) posted by you to the Website or otherwise sent to us relating to the Website will become our property and you agree that all intellectual property rights therein are transferred to us.
IV. You grant us an irrevocable, non-exclusive, transferable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, license, and to incorporate any Submission in other works in any form, media, or other technology available.
D. TRADEMARKS AND BRAND LOGOS
I. SweeTooth is a registered trademark of SweeTooth LLC. Other trademarks and logos shown on the Website are either owned by SweeTooth LLC or an affiliate thereof. No rights are granted to use any trademarks, logos, or images on this Website without prior permission and the written consent of SweeTooth LLC.
E. RELIANCE ON INFORMATION POSTED AND DISCLAIMER
I. The materials on this Website are provided “as is” without a warranty of any kind, either express or implied. We disclaim all warranties, including any implied warranties of merchantability and fitness for a particular purpose. We do not warrant that that the content or functionality of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or hosting server are free of viruses or other harmful digital components. You assume the entire cost of all necessary service, repair, or correction to your computer, or any other digital device used to access the Website or its content, in the event of any loss of data or damage arising from the use of the Website or related content. We do not warrant or make any representation regarding use of the Website content in terms of accuracy, reliability, or otherwise as the content may include inaccurate technical or typographical errors. We strive to update our Website frequently reserve the right to change the content at any time without notice. If required, we may suspend access to our Website or close it indefinitely.
II. This legal notice and the foregoing disclaimers are subject to any mandatory legal rights that cannot be excluded under applicable law, including your statutory rights as a consumer.
III. All content of the Website is for informational purposes only. Any advice or information provided on the Website does not create or establish a professional relationship between you and us. Any advice, guidance, opinion, statement, or other information provided by the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge that any reliance upon advice, opinion, statement, or information on the Website is at your own risk and your own discretion thereby waiving any and all responsibility and liability as it pertains to us and the Website.
F. OUR LIABILITY TO YOU
a) Fraud or fraudulent misrepresentation;
b) Personal injury or death resulting from our negligence;
c) Our breach of our statutory obligation to provide the website and related services using reasonable skill and care; or
d) Any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
III. IN NO EVENT SHALL WE BE RESPONSIBLE FOR:
a) Indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us;
b) Punitive, special or consequential damages;
c) Loss of income or revenue, past, current, or prospective;
d) Loss of business;
e) Loss of anticipated savings or financial gain;
f) Loss of data; and
G. YOUR LIABILITY TO US
H. PRIVACY AND SECURITY OF YOUR INFORMATION
IV. When content is removed from the Website you understand that copies may persist in backup storage for a period of time.
V. You may not attempt to gain unauthorized access to our Website, the server on which our Website is hosted, or any other server, computer, database, or device connected to or affiliated with our Website.
VI. By breaching this Section H, you commit a criminal offense under the law of the United States. In the event of such a breach, your right to use our Website will cease immediately and we will report any and all breaches to relevant law enforcement authorities. We will cooperate fully with those authorities by disclosing your identity to them.
VII. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website, your downloading of any material posted on it, or on any website linked to it.
I. LINKING TO AND FROM OUR SITE
I. You may not create a link to any part of our Website other than the home page unless written permission is granted by us. We reserve the right to withdraw linking permission without notice at any time and for any reason.
II. The Website may contain links to other third party sites, including social media sites such as Facebook and Twitter. Links are provided for your information and convenience only and use of them is at your own risk. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse the content, products, services, or practices of any website other than our own, nor do we make any representations regarding their quality, content, or accuracy. We will not be held responsible for any activity related to your use of a third party website linked from our Website.
J. JURISDICTION AND APPLICABLE LAW; LIMITATION PERIOD
II. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
L. SEVERABILITY AND RELATIONSHIP
II. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the actual intent of the parties.
M. EFFECTIVE DATE