Terms and Conditions
Last Updated As Of June 12th, 2014
You must be 21 years old to purchase anything tobacco-related from Sweetflag.
Legal Agreement; Revisions
YOU MUST BE OF LEGAL SMOKING AGE TO BUY AND/OR USE ANY PRODUCTS SOLD ON SWEETFLAG.CLUB.
Our products are not intended for use by persons under legal smoking age or under 21, nonsmokers, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. If you are allergic to nicotine, propylene glycol, or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a heart condition, diabetes, high blood pressure or asthma, consult your physician before using any of our products with tobacco. Discontinue use and consult a physician if you experience nicotine misuse symptoms such as nausea, vomiting, dizziness, diarrhea, weakness and rapid heartbeat.
Nicotine is highly addictive and habit forming.
Our herbal smoke blend products do not treat, diagnose, or cure any disease, physical ailment, or condition. Keep out of the reach of children and pets as ingestion of certain pieces can present a choking hazard.
The herbal smoke blend products sold on this site are not marketed for use as a smoking cessation product. Just like traditional tobacco cigarettes, products sold on this site are not approved by the American FDA.
This website (the "Site") is operated by Sweetflag, LLC. (collectively, "we," "us" or "our"). Your use of, and access to, this Site is subject to these Terms of Service (these "Terms"). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you (i) acknowledge that you have read and understand, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. This Site is not for children under 13 years of age and in no event shall any child under the age of 13 use the Site. You further acknowledge and agree that your access to and use of the Site and the services provided through the Site are valuable benefits that you receive by agreeing to, and complying with, these Terms. If you do not wish to agree to these Terms, you may not access, browse or use the Site and you should discontinue these activities immediately.
We may change or revise these Terms at any time, for any reason and without notice, and if you use or access the Site or any services offered on the Site at any time on or after the "Last Updated As Of" date set forth above, you are deemed to have been notified of, and your use or access of the Site or any such services after that date signifies your acceptance of, any changes or revisions arising on or before that date. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms to firstname.lastname@example.org.
We respect your privacy and share your concern about its protection. We will never collect, use and protect information that we learn about you as a result of your interaction with us through the Site.
Sweetflag, LLC., its subsidiaries, affiliated companies, distributors, vendors, contractors, and/or licensors (collectively, the "Sweetflag Parties") are the owners or licensees of all content and materials on the Site ("Site Content") and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements and downloadable materials on the Site, as well as the, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Site. Site Content does not include Your Content, as that term is defined below.
You do not acquire any ownership interests in any Site Content by accessing, browsing or otherwise using the Site.
YOUR USE AND YOUR CONTENT; LICENSE GRANT; RIGHT TO MONITOR AND EDITORIAL CONTROL
You may access, browse and use the Site and Site Content only for your personal, non-commercial use, on a single computer, mobile phone or other Internet-compatible device to enable you to use the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site Content.
Certain features of the Site may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Site ("Your Content"). Except for Your User Information required to be provided in connection with Your Registration (as defined and described below), We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content granted below, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iii) indemnify and hold harmless us and the Sweetflag Parties from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
You warrant and agree that, while accessing or using the Site, you will not:
impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, the Sweetflag Parties or otherwise affiliated with us;
use the Site to advocate the use of controlled substances or the use of products or services offered or promoted on the Site in connection with controlled substances;
use an inappropriate username or screen name;
insert your own or a third party’s advertising, branding or other promotional content into any Site Content;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or "flooding" servers;
use the Site or its services in violation of our intellectual property or other proprietary or legal rights or rights any third party;
use the Site or its services in violation of any applicable law;
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or its services;
post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to the reputation of any of the Sweetflag Parties or any of her or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SWEETFLAG, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless SWEETFLAG and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
VAPORIZER PRODUCT DISCLAIMER
AMONG OTHER ITEMS OFFERED FOR SALE ON THE SITE, WE SELL VAPORIZERS. VAPORIZERS ARE DESIGNED, MANUFACTURED AND SOLD AS HOT AIR EXTRACTION DEVICES USED AND INTENDED TO BE USED IN THE FIELDS OF AROMATHERAPY. THE LAWFUL AND PROPER USE OF ANY VAPORIZER OR ACCESSORY IS A REQUIRED CONDITION OF SALE. BY PURCHASING VAPORIZER PRODUCTS, YOU ARE REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND THAT YOU AGREE TO FOLLOW THE INSTRUCTIONS CONTAINED IN THESE TERMS AND IN ANY ACCOMPANYING LITERATURE. THE IMPROPER USE OF VAPORIZERS MAY VOID ANY APPLICABLE WARRANTY. ANY ILLEGAL USE OR RESALE OF VAPORIZERS COULD SUBJECT THE YOU TO FINES, PENALTIES AND/OR IMPRISONMENT UNDER STATE AND FEDERAL LAW.
VAPORIZERS ARE ONLY TO BE USED BY SOMEONE KNOWLEDGEABLE IN THE FIELDS OF AROMATHERAPY. ONLY LEGAL, SAFE, KNOWN, IDENTIFIABLE AND COMMERCIALLY DEVELOPED AND MARKETED ESSENTIAL OILS OR AROMATHERAPY BLENDS SHOULD BE USED IN ANY VAPORIZERS PURCHASED FORM THIS SITE. KEEP VAPORIZERS AND ALL SIMILAR PRODUCTS OUT OF THE REACH OF CHILDREN. STUDY THIS INFORMATION, THE PRODUCT INSTRUCTIONS, AND ALL OF THE ACCOMPANYING LITERATURE BEFORE USING A VAPORIZER OR ANY ESSENTIAL OIL OR AROMATHERAPY BLEND.
THE INFORMATION CONTAINED IN THIS DISCLAIMER AND ANY OTHER CAUTIONARY INSTRUCTIONS, AND ALL OF THE DOCUMENTATION AND LITERATURE INCLUDED WITH ANY VAPORIZER PRODUCT SOLD ON THIS SITE WAS DEVELOPED FOR INFORMATIONAL PURPOSES ONLY. IN NO WAY IS ANY OF THE INFORMATION CONTAINED IN THIS DISCLAIMER OR OTHER DOCUMENTATION INTENDED TO BE A MEDICAL OR PRESCRIPTIVE GUIDE. NO ESSENTIAL OIL OR AROMATHERAPY BLEND SHOULD TAKE THE PLACE OF ANY PRESCRIBED MEDICATION. NEITHER THE MANUFACTURER NOR THE SELLER, OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS OR SHAREHOLDERS, OF ANY VAPORIZERS OR SIMILAR PRODUCTS OFFERED FOR SALE ON THE SITE IS RESPONSIBLE FOR THE MISUSE OF SUCH PRODUCTS OR THE MISUSE OF ANY ESSENTIAL OIL OR AROMATHERAPY BLEND. YOU AND ANY OTHER USER OF SUCH PRODUCTS ARE SOLELY RESPONSIBLE FOR THE USE OF SUCH PRODUCTS AND THE CONSEQUENCES OF SUCH USE.
IF PREGNANT, NURSING OR DIAGNOSED WITH EPILEPSY, A HEART CONDITION, ALLERGIES OR OTHER MEDICAL CONDITION, SEEK THE ADVICE AND ASSISTANCE OF A PHYSICIAN OR TRAINED HEALTH PROFESSIONAL BEFORE USING ANY VAPORIZER OR SIMILAR PRODUCT OR ANY ESSENTIAL OIL OR AROMATHERAPY BLEND. IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR DOCTOR OR HEALTHCARE PROVIDER.
FEES THAT YOU MAY PAY
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR REGISTRATION, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.
In many instances, we have agreed to sell certain products offered for sale on the Site subject to what is referred to as a "minimum advertised price," or "MAP" policy. MAP is the lowest price distributors and other resellers are allowed to publicly display a product for sale. This practice is used by some manufactures to protect the integrity of their product(s) and brand. Generally, authorized retailers of a MAP protected product agree to adhere to these guidelines, failing which they risk losing the right to sell the product subject to that MAP policy. In addition, buyers may not be able to take advantage of post-sale services (i.e., warranty repair) when purchasing from a retailer that does not comply with a manufacturer’s MAP policy.
MAP policies are intended to protect consumers and sellers from disreputable dealers, giving all authorized retailers specific guidelines on how to advertise the price of the MAP product(s). This helps to ensure that buyers will be able to access the high level of service the manufacturer wants purchasers of their product(s) to receive.
If you have any questions regarding whether a particular product purchased on the Site is subject to a MAP policy, please contact us.
SUBMISSION OF YOUR IDEAS AND SUGGESTIONS
While you are encouraged to share ideas and suggestions through your use of the Site, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Site may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through your use of the Site (collectively "Submissions"), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable, fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, use, reproduce, edit, distribute, modify, adapt, create derivative works of, publish, publicly perform, publicly display, transmit, translate and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all embodiments, media and means of communication, now known or hereafter developed. You represent and warrant to us that your Submissions are original to you, that you own or otherwise control all of the rights in your Submissions, or that you have the rights necessary to grant to us the license to your Submissions granted above, and that your Submissions do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. We agree that, if any Submission generates a sufficient level of popularity or mass appeal, as we may determine in our sole discretion, then we may enter into good faith negotiations with you of a royalty-bearing license agreement for exploitation of your Submission beyond the Site. Notwithstanding the foregoing, nothing in these Terms shall impose any obligation or requirement on us to proceed with or conclude any agreement or transaction with you concerning any such Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE SITE.
LINKS TO THIRD-PARTY WEBSITES
The Site contains links to websites of third parties, including, without limitation, advertisements of third party products and services and "buy" links to third party vendors or retailers to purchase products or services featured on the Site. If you use these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
LINKING TO THE SITE
You agree that if you implement a link to the Site (whether from another website or otherwise), such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content by, for example and without limitation, "in-line" linking or "deep-linking" methods, or in any manner causing the Site, or any page of the Site, to be "framed," surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.
We administer, control and operate the Site from our offices in New Jersey, the United States of America. The Site is accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.
The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.
Some Site Content is provided by the users of the Site. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content.
THE SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE SITE.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SWEETFLAG or its employees, third party contracts, and manufactures, are not responsible for the use and practice of any instructions herein. Those who follow all broadcast listed or served herein assume all risk of being offended or suffering any other form of damage.
SWEETFLAG or its owners, operators, and staff will NOT be held liable for any illegal activity, legal recourse, or lawyer's fees resulting from the purchase and/or use of any of our products. Our site is for informational use. Also, any governmental employee, agency, or agent must identify themselves to the operators of SWEETFLAG upon their entering the site, and when ordering any products from our site.
LIMITATION OF LIABILITY
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL THE SWEETFLAG PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE SWEETFLAG PARTIES AND THEIR OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE SWEETFLAG PARTIES OR THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE SWEETFLAG PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
GOVERNING LAW AND JURISDICTION
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to us.