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 firstname.lastname@example.org and will be answered within 24 business hours.
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.
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.
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
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.
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 email@example.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 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.
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.
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.
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
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.
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- firstname.lastname@example.org 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
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.
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.
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.