Terms of Use

These Terms of Use were last updated May 19,2016.

1. Agreement

These Terms of Use are a binding agreement. By using the Internet site located at www.sweeterinthesouth.com (the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Sweeter in the South and A Little Somethin’ Southern, (each and all a “Company”) from time to time. We reserve the sole discretion to change, modify,add, or remove portions of these Terms at any time. Company will post a notice on the Site any time these Terms of Use have been changed, updated, or altered in any way. It is your responsibility to check these Terms periodically. Use of this site constitutes agreement with these terms. Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Sweeter in the South with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Sweeter in the South and sweeterinthesouth.com are proprietary marks of Sweeter in the South. A Little Somethin’ Southern and Shoppe South are proprietary marks of Sweeter in the South. Sweeter in the South may not be used in connection with any product or service that is not provided by Sweeter in the South in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sweeter in the South.
If you do not agree with any of these terms, we ask that you not use our site. Any questions can be forwarded to hello@sweeterinthesouth.com and will be answered within 24 business hours.

2. Acknowledgement

Sweeter in the South reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and (5) to terminate access of any user in its sole discretion, for any reason or no reason. Please abide by our rules so that this is not necessary.

3. Privacy Policy

We do not seek or want to receive confidential information from our users or affiliates. Any and all information sent through and written on the Site will be deemed non confidential. If you send Sweeter in the South any information, material, photographs, items etc, you grant Company an unrestricted, irrevocable, worldwide, royalty free license to use, reproduce, display, perform, modify, transmit,and distribute those listed above respects your privacy and permits you to control the treatment of your personal information. you also agree that Sweeter in the South is free to use any concepts, techniques, ideas, or know-how that you send to us for any purpose.
A complete statement of Company’s current privacy policy can be found here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

4. Governing Law

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Austin, Texas in all disputes arising out of or related to the use of the site.

5. Use of Site and Services

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be reproduced, copied, republished, posted, uploaded, mirrored, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, Website or other medium, for publication or distribution or for any commercial enterprise, without Sweeter in the South’s express prior written consent and proper siting.
You may not use the Site harm others in any way. You may not use this Site for any abusive or illegal purpose. You may not use the Site to perform any form of bullying, threatening, cyber-stalking, intimidation, or any other type of harassment. We reserve the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
Sweeter in the South does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.
We may delete or remove (without notice) any user content and terminate access of any user to the Site in its sole discretion at any time, for any reason or no reason. In the event We deem user content to be in violation of the Terms of Use, but elect not to immediately terminate the user’s access to the Site, it may, but is not required to, notify the user of such violation. Upon the third violation, we will terminate the user’s account and all content may be removed from public view, at the sole discretion of Sweeter in the South.
Notwithstanding anything within this provision or these Terms of Use, Sweeter in the South reserves the right to suspend or terminate any user’s account with or without notice to said user for any reason, at our sole discretion.
As a condition of your use of this Site, you warrant to Sweeter in the South that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

6. Use of Digital Materials

Sweeter in the South may make certain software available to you from the Site. If you download software, digital images or pages, or reading material from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Sweeter in the South, for your personal, noncommercial home use only. Company does not transfer either the title or the intellectual property rights to the Software and Sweeter in the South retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Sweeter in the South or its licensors and you may not copy or use them in any manner. If you are interested in a commercial use for any of our items please contact us at hello@sweeterinthesouth.com

7. Age Restrictions

The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.

8. Content Deemed Inappropriate

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Sweeter in the South reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Sweeter in the South fully intends to cooperate with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
You are allowed to disagree with products, opinions, or services, you must do so with respect for others.

9. Your Content

You grant Company a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting or otherwise distributing information or other content (“User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content.

10. Compliance With Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

11. Violations of these Terms of Use

Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information or interfered with use of the Site or the Service by others.
Sweeter in the South reserves the right to disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers. Sweeter in the South reserves the right at all times to disclose any information that We deem necessary to comply with any applicable law, regulation, legal process or governmental request. Sweeter in the South also may disclose your information when We determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Sweeter in the South may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Sweeter in the South determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sweeter in the South its affiliates, users of, or visitors to the Site, and the public.
If Sweeter in the South does take any legal action against you as a result of your violation of these Terms of Use, We will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Sweeter in the South. You agree that Sweeter in the South will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

12. No Warranties

Company hereby disclaims all warranties. Company is making the site, including all content, information, or related services are available “as is” covering all faults, without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, Company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or noninfringement. Although Sweeter in the South attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Sweeter in the South so that it can be corrected. Company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free. Sweeter in the South, it’s affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, or other damages arising out of or relating in any way to the site, site related services, its affiliates, contents, or information contained or linked within the website. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites. Your sole remedy for dissatisfaction with any of those listed above is to stop using the site and or those services.

13. Limited Liability

Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by Company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form of action. Sweeter in the South’s liability shall in no event exceed the total value of all orders placed and paid for with Sweeter in the South through the website. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

14. No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks or logos owned by Company or by any third party.

15. Indemnity

You agree to indemnify Company and its affiliates for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

16. Internet Transmissions Disclosure

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

17. Affiliated Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). Such Linked Sites are not under Sweeter in the South’s control. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-Sweeter in the South Website does not mean that Sweeter in the South endorses or accepts any responsibility for the content, or the use, of the linked site. Company has no control over, and no liability for, any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Company makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
While Sweeter in the South makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Sweeter in the South makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

18. Prohibited Uses

Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) or to attempt to gain access to any information on any user or visitor to the Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Sweeter in the South’s systems or networks, or any systems or networks connected to the Site; (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service; or (i) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (k) you may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sweeter in the South; (l) you may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.on or through the Site or any service offered on or through the Site. Any violation of system or network security may subject you to civil and/or criminal liability. We reserve the right to bar any such activity.

19. Copyright

Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, Sweeter in the South designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Jamie Hope Powell 6001 Sun Vista Dr. Austin, Tx 78749 -or- jamiehope@sweeterinthesouth.com All contents of Site or Service are: Copyright © 2016 Sweeter in the South, 6001 Sun Vista Dr, Austin, Texas 78749. All rights reserved.

20. Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

21. United States Only

The Site is controlled and operated by Company from its offices in the State of Texas. The domain of the website is registered in the United States and the Site is hosted in the United States. Although access to this Site is accessible worldwide, Company makes no representation that all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas and the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Any offer for any feature, product or service made on the Site is void where prohibited.

22. Amendments

Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
Clearly publish on the homepage, the fact an amendment is being made. You may contact us to discuss the proposed changes with us. Users opted in to emails will receive an update via email as well.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.

23. Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Sweeter in the South’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Sweeter in the South may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, including any applicable shipping and handling, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Sweeter in the South makes no commitment to update the materials on the Site with respect to such products and services.