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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING AND USING
THIS website (SUGARSHOCK.COM), YOU AGREE TO BE BOUND BY THESE TERMS OF USE,
AS UPDATED FROM TIME TO TIME.
Www.SugarShock.com ("the website" or "the Site") is made available to you, subject to the terms and conditions, hereinafter set forth ("the Terms of Use" or "the Agreement.") SugarShock.com reserves the right to change the content or functionality of the Site or these Terms of Use at any time. Please check this page periodically to review the current Terms of Use, which shall supersede any terms of use previously posted on the Site.
HEALTH DISCLAIMER
PLEASE REVIEW THE FOLLOWING HEALTH DISCLAIMER. THE INFORMATION PROVIDED ON
THIS website SHOULD NOT BE CONSTRUED AS PERSONAL MEDICAL ADVICE OR INSTRUCTION.
NO ACTION SHOULD BE TAKEN BASED SOLELY ON THE CONTENTS OF THIS SITE. READERS
SHOULD CONSULT APPROPRIATE HEALTH PROFESSIONALS ON ANY MATTER RELATING TO THEIR
HEALTH AND WELL BEING. THE INFORMATION AND OPINIONS PROVIDED HERE ARE BELIEVED
TO BE ACCURATE AND SOUND, BASED ON THE BEST JUDGMENT AVAILABLE TO THE AUTHORS,
BUT READERS WHO FAIL TO CONSULT APPROPRIATE HEALTH AUTHORITIES ASSUME THE RISK
OF ANY INJURIES. THIS website IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS. PRIVACY
Please review our Privacy Policy, which also governs your use of this website.
OWNERSHIP OF SOFTWARE
SugarShock.com or its software suppliers are the owners of all copyrights,
patents, trade secrets or other intellectual property in the software for the
website and/or each of its computer software modules. You may not disassemble,
decompile, reverse engineer or otherwise derive source code from the software,
reproduce, distribute, publish, license, modify, create derivative works from,
transfer, sell, rent or lease any information, software products or services
obtained from the website without the express written permission of Bennett
Communications and/or its third party providers. All software used on this site
is the property of SugarShock.com or its software suppliers and is protected
by U.S. and international copyright law.
COPYRIGHT
All content included on the website, including without limitation text, graphics,
software, logos, button icons, photographs, look and feel and other materials
(collectively, the “Content”) is the property of SugarShock.com
or its content suppliers and is protected by United States and international
copyright laws. You may not modify, publish, display or in any way exploit the
website or any of the Content, in whole or in part, except as expressly permitted
in this Agreement. The compilation of all material on the website is the exclusive
property of SugarShock.com and protected by U.S. and international copyright
laws.
TRADEMARKS
Unless otherwise indicated, all graphics, logos, page headers, button icons,
scripts, commercial markings and service names are registered trademarks, trademarks
or trade dress of SugarShock.com (collectively, the “Trademarks”).
You may not use, copy, reproduce, republish, upload, post, transmit, distribute
or modify any Trademarks in any way, including in advertising or publicity pertaining
to or distribution of materials on the website, without SugarShock.com’
prior written consent. The Trademarks may not be used in any manner that is
likely to cause confusion, or in any manner that disparages or discredits SugarShock.com. All other trademarks not owned by SugarShock.com that
appear on the website are the property of their respective owners.
USE OF SITE
You agree that the website and all the Content shall be used only for your
own legitimate personal or business purposes but not for the purpose of competing
with the website or SugarShock.com. You warrant to SugarShock.com
that you are of sufficient legal age to use the Site and that you will not use
the Site for any purpose that is unlawful or prohibited by these Terms of Use.
You also warrant that all information supplied by you in using the Website is
true and accurate.
LINKS TO THIRD-PARTY SITES
The Site may contain hyperlinks to websites owned and operated by parties
other than SugarShock.com. Such hyperlinks are provided for your reference
and convenience only. SugarShock.com does not control such websites
and is not responsible for the availability or the contents of such websites,
and different terms and conditions will apply to such websites. Other websites
may have other privacy policies, and the SugarShock.com Privacy Policy
will not apply on other websites. SugarShock.com’ inclusion of
hyperlinks to such websites does not imply endorsement, accuracy, reliability,
availability, copyright compliance, legality or decency of the material on such
websites or any association with their operators. Viewing of any website from
a link on the website is at your own risk.
NO ENDORSEMENT
Third party content may appear on the Site. SugarShock.com is not
responsible for and assumes no liability for any content, representations or
misrepresentations contained in any third party content appearing on or available
through the Site. You are solely responsible for ascertaining whether such information
is correct.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless SugarShock.com and
its affiliates together with their respective employees, agents, directors,
officers and shareholders, from and against all the liabilities, claims, damages
and expenses (including reasonable attorney's fees and costs) arising out of:
your use of the website; your failure to use the website; your breach or alleged
breach of the Terms and Conditions; or your breach or alleged breach of the
copyright, trademark, proprietary or other rights of third parties.
TERMINATION OF SERVICE
SugarShock.com, in its sole discretion, may terminate your access
to all or any part of the website at any time for any reason without prior
notice or liability. SugarShock.com may modify, suspend or discontinue
any or all sections of the website at any time without prior notice or liability.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SugarShock.com ON AN “AS IS”
AND “AS AVAILABLE” BASIS. SugarShock.com DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SugarShock.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SugarShock.com DOES NOT WARRANT THAT THE website OR ITS SERVERS
ARE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. YOU EXPRESSLY AGREE THAT THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE website AND THE ACCURACY
OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. SugarShock.com
ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED
ON THE SITE, AND SugarShock.com EXPRESSLY DISCLAIMS ANY WARRANTY THAT
THE PRODUCTS AND SERVICES LISTED IN THE website MEET YOUR SPECIFIC NEEDS OR
THAT THE PRODUCTS AND SERVICES WILL MEET THE SPECIFICATIONS GIVEN ON THE website.
SugarShock.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED
BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO,
ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
FAILURE OF PERFORMANCE OR COMPUTER VIRUS. SugarShock.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING
BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON
THE website EVEN IF THERE IS NEGLIGENCE BY SugarShock.com OR IF AN
AUTHORIZED REPRESENTATIVE OF SugarShock.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR BOTH.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SugarShock.com TO ANY
USER OF THE website FOR DAMAGES RESULTING FROM ITS ERRORS OR OMISSIONS OR FROM
THE CONTENT, PERFORMANCE OR NON-PERFORMANCE OF THE website, OR FROM ANY OTHER
CAUSE WHATSOEVER EXCEED THE LESSER OF (I) THE REVENUES PAID BY SUCH USER TO
SugarShock.com IN THE SIX (6) MONTHS PRECEDING THE EVENT RESULTING IN
ANY CLAIM AGAINST SugarShock.com OR (II) $1,000.
CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SugarShock.com AND
ITS THIRD PARTY CONTENT PROVIDERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL
CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.
GOVERNING LAW: JURISDICTION
This Agreement shall be governed by the laws of the state of New York, without
regard to its conflict of laws principles, and the parties irrevocably consent
to jurisdiction and venue in the state and federal courts located in the city
and state of New York.
MISCELLANEOUS
Waiver by either party of a breach of any provision of the Terms of Use shall
not operate or be construed as a waiver of any subsequent breach or as a waiver
of any other right. If any part of the Terms of Use is held to be unlawful,
void or unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of the remaining provisions.
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