Terms And Conditions
Benjibars.com Terms and Conditions of Use
(Terms of Sale Follow)
Revised June 22, 2016
Content and Copyright, Trademark, and Related Issues
The Site and its entire contents, features and functionality, including but not limited to, all information, software, text, displays, images, graphics and audio, and the design, selection and arrangement thereof, and all other material contained on the Site we make available on our Site (collectively, the "Content") are owned by Sugar Beeze, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and are for your personal informational purposes only. We authorize you to view the Content solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, republish, download, store or transmit any Content, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this Site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Sugar Beeze will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
Nutrition, Fitness and Well Being Information
Certain Content presented on Site is intended to impart general nutrition, fitness and wellness information. The Content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor the Site recommend or endorse any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or Content. YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON THE SITE, AND THE RESULTS OF SUCH USE, IS SOLELY AT YOUR OWN RISK.
Linking / Third Party Links on Our Site
In general, Sugar Beeze does not object to links to our Site from third-party Websites. However, you must abide by the following rules:
• Unless we have a separate and specific written agreement with you, you may not use any of our Trademarks in or with
your links, except that you may link to our Site using the plain text name of our Site.
• Do not present the link to our Site in any way that suggests Sugar Beeze or our Site has any relationship or affiliation with
your Website or endorses, sponsors or recommends the information, products or services on your Website, unless you
have a separate and specific written agreement with Sugar Beeze to do so;
• Link only to the home page of our Site; and
• Do not, without Sugar Beeze's express written permission,: (a) incorporate any content from our Site into your Website
(e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag"
or other information used by search engines or other information location tools to identify and select Websites.
Sugar Beeze will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Website, or any Website that may adversely affect the name, reputation and goodwill of Sugar Beeze or Benji Bars® protein bars, or its employees, officers, owners, vendors or customers. Without limiting any other remedy available at law or in equity, Sugar Beeze reserves the right to cancel permission to link at any time, for any reason.
Disclaimer of Warranties
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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY, CONDITION OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SUGAR BEEZE, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL SUGAR BEEZE, LLC, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR OWNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT (INCLUDING WITHOUT LIMITATION USER CONTENT) ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS OF ANY KIND, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND WHETHER OR NOT SUGAR BEEZE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF, FOR ANY REASON, SUGAR BEEZE SHALL BE FOUND TO BE LIABLE, OUR AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY OR PARTIES CLAIMING WITH, UNDER OR THROUGH YOU, SHALL BE LIMITED TO US$1000, NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law and Jurisdiction
Sugar Beeze is based in Greenville, South Carolina, in the United States of America. At this time Sugar Beeze only sells Benji Bars in the continental United States of America. Sugar Beeze makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Limitation on Time to File Claims
Waiver and Severability
Survival of Terms
Sugar Beeze respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sugar Beeze’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is Sugar Beeze's policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide Sugar Beeze’s Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Sugar Beeze’s registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:
Sugar Beeze, Inc.
2541 N. Pleasantburg Dr., STE 162
Greenville, SC 29609
While you may call us, this does not constitute a proper Notification to us. To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
(b) Identification of the copyrighted material claimed to have been infringed.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.
(d) Information reasonably sufficient to permit Sugar Beeze to locate the material that is claimed to be infringing or to be the subject of infringing activity.
(e) Information reasonably sufficient to permit Sugar Beeze to contact you, such as a physical address, email address, and telephone number.
(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you elect to send us a Counter-Notification, please send an email or letter to Sugar Beeze, LLC’s registered Copyright Agent at the email or mailing address below:
Sugar Beeze LLC
2541 N. Pleasantburg Dr., STE 162
Greenville, SC 29609
To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
(a) Physical or electronic signature of the user or a person authorized to act on behalf of the user.
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Alameda, State of South Carolina and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
Entire Agreement; Amendment
Your Comments and Concerns
This website is operated by Sugar Beeze LLC, 2541 N. Pleasantburg Dr., STE 162, Greenville, SC 29609.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, above, in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to firstname.lastname@example.org.
Thank you for visiting the Site.
WE MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
Terms of Sale
Last Updated: June 21, 2016
Order and Acceptance
· All advertisements on this Site are invitations to purchase and not offers to sell. Sugar Beeze reserves the right, at its sole and absolute discretion, to accept or reject the order once you have completed and placed your order.
· Each part of an order that you submit to us constitutes an offer to purchase merchandise. If you have placed your order through this Site, we’ll send you a confirmation email once your order has shipped. The confirmation will include the tracking number assigned by the carrier (UPS or USPS) to your package. If you do not receive an email, contact us before you try to place another order for the same merchandise.
· Sugar Beeze is not deemed to have accepted your order (or any part of your order) until the requested merchandise is shipped and we have sent a shipment confirmation email.
· If we reject your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once we have corrected the error. If we have notified you that we have accepted your order by sending you a shipment confirmation email, you will not be required to pay more than the price that was displayed on this Site at the time that you submitted your order. If we have sent you merchandise which is materially different from the description of the relevant merchandise on this Site at the time that you place your order, you can return or exchange it. For more details, please see the return and exchange policy, which governs all returns and exchanges made involving items purchased on this Site.
Although it is rare that Sugar Beeze would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:
Error in Pricing
In the event that an item is listed at an incorrect price due to an error in pricing, Sugar Beeze will have the right, at Sugar Beeze’s sole and absolute discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Sugar Beeze may, at its sole and absolute discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
· an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
· incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
· an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
· or any suspected fraudulent information.
We have no obligation to contact you to notify you of the problem or to attempt to correct any such errors.
Merchandise Shipping Delay or Unavailability
The purchase of products on this Site is subject to availability. If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on this Site relating to the order (for example, an error relating to the price or description of merchandise) Sugar Beeze may cancel the order. If this occurs we will contact you so you are aware. In the event that Sugar Beeze advises you that any products are no longer available, Sugar Beeze will have no obligation to fulfill your order and you have no obligation to pay Sugar Beeze for the order.
Resale of Merchandise
Sugar Beeze is a private label brand. To protect its intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. We will not accept any order found to have characteristics of reselling. We reserve the right to cancel all subsequent orders from such customers.
Previous Fraudulent Order History
Sugar Beeze may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.
Engagement with Sugar Beeze Affiliates
Sugar Beeze reserves the right to block from receiving marketing communications or to remove and unsubscribe from all Sugar Beeze platforms any email address, phone number, and/or mailing address associated with customers determined by Sugar Beeze to have characteristics of reselling and/or customer orders determined by Sugar Beeze to be fraudulent. Sugar Beeze platforms affected by such removal include but are not limited to: (i) any of Sugar Beeze’s online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.
Customer Initiated Order Cancellations and Changes
You can make changes or cancel your order at any time before your order has been processed. To make changes to your order, please contact our Customer Service Department by e-mail at info@Sugar Beeze.com.
If your order has already been processed, you may under limited circumstances exchange or return the merchandise purchased on this Website only in accordance with the terms of our sales policy.
Merchandise on Backorder
Merchandise on backorder is temporarily out of stock. If we are unable to ship any merchandise on backorder within thirty (30) days from the date of your order, we will notify you at the e-mail address that you have provided. You will not be charged for merchandise on backorder until it ships. Shipping and handling for each item in an order is distributed so it is directly proportional to the cost of an item and will not be charged in the applicable proportional amount until the respective item(s) ship(s). All items in an order will be shipped via the shipping service type selected when placing the order. The status of a backordered item will remain open on an order until the merchandise is in stock and we take payment and ship the merchandise, or until we contact you that that item was cancelled, or if you contact us to change or cancel your order.
Prices and Payments
Sugar Beeze may vary the price of its merchandise at any time. After we accept an order, we will not alter the price, except for merchandise eligible for price adjustment.
Payments by Credit Card
You may pay for your purchase using the Paypal or certain credit cards (each, a “Credit Card”) and you authorize Sugar Beeze to charge the applicable Credit Card for the purchase price and you represent and warrant that you are the cardholder of that Credit Card. If your Credit Card is rejected by the card issuer, your order will not be shipped and Sugar Beeze will have no obligation to fulfill your order or to advise you of the reason for non-fulfillment.
All billing and registration information provided by you to Sugar Beeze must be truthful, complete and accurate. Providing any untruthful, incomplete or inaccurate information constitutes a breach of these Terms of Sale.
When you pay by Credit Card, Sugar Beeze reserves the right to request additional evidence or proof of billing information. Debit payment methods will be processed as credit. The charge for your order will appear on your credit card statement as 'Sugar Beeze'. If you contest the validity or amount of a charge related to an order with Sugar Beeze and believe it to be fraudulent, please email us at info@Sugar Beeze.com.
Sugar Beeze will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an order filled and delivered to the customer. Should your order be cancelled, any 'authorization holds' will drop of your account within three to five business days.
At this time, we sell and ship only in the USA. Shipping and handling charges will depend on the value of your order, where the merchandise is being shipped, and your required shipping time. You can find a list of our shipping and handling charges and our delivery terms on the checkout page.
Your order will be shipped to you by one of Sugar Beeze’s third party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.
Sugar Beeze is not responsible for any loss of the products following shipment from Sugar Beeze’s or its agents’ facilities to your delivery address. Any loss or damage should be taken up with the carrier who delivered the products.
Disclaimers of Warranties
To the maximum extent permitted by applicable law, Sugar Beeze disclaims all warranties and conditions of any kind, whether legal, statutory or otherwise, express or implied (including implied warranty of merchantability and fitness for particular purpose, title, quality and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. Sugar Beeze makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.
Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SUGAR BEEZE OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT OR INDIRECT, ACTUAL, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OF ANY KIND, LOSS OF OPPORTUNITY AND ANY PROPERTY DAMAGE, INJURY, ILLNESS OR DEATH), WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF SUGAR BEEZE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING FOR DAMAGES ARISING IN CONNECTION WITH OR RELATING IN ANY MANNER WHATSOEVER TO: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alternation of your data or personal information.
EACH PROVISION OF THESE TERMS OF SALE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SUGAR BEEZE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SUGAR BEEZE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND DO NOT COMPLETE YOUR PURCHASE. YOU ACKNOWLEDGE, BY CLICKING YOUR ACCEPTANCE TO THESE TERMS OF SALE, THAT YOUR USE OF THE SITE AND ANY PURCHASE OR USE OF ANY ITEMS OFFERED FOR PURCHASE THEREIN IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Sugar Beeze for damages of any nature or kind suffered by you shall in no event exceed the purchase price of your transaction for the item involved in your claim.
Applicable Law; Disputes
Sugar Beeze is located, and controls the Website, from its offices within the State of South Carolina. At this time, we do not sell or ship Benji Bars outside the United States of America. THE TERMS OF SALE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF SOUTH CAROLINA, U.S.A., WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES OF ANY JURISDICTION. ANY DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN GREENVILLE COUNTY, SOUTH CAROLINA, U.S.A., AND YOU HEREBY IRREVOCABLY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THESE TERMS OF SALE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SALE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS PARAGRAPH, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. The Terms of Sale are not enforceable by any party except for Sugar Beeze and its customers.
Additional Terms and Resources
The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or be used in the interpretation of these Terms of Sale or any section thereof. For purposes of these Terms of Sale: (a) the words "include," "includes" and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms of Sale as a whole. If any term, provision, covenant, or condition of these Terms of Sale is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Sugar Beeze shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, including weather-related and other uncontrollable shipping delays. The delay or failure of Sugar Beeze to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Sugar Beeze’s rights with respect to such breach or any subsequent breaches.
Changes to Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Sugar Beeze may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to an order placed after the effective date of the modification. Therefore, each time you place an order with Sugar Beeze you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.