Terms of Service
Section 1 – Overview
This website is operated by SWEETEES LLC. Throughout the site, the terms “we”, “us” and “our” refer to SWEETEES LLC. SWEETEES LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Section 2 – Arbitration Provision & Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THE WEBSITES, YOUR RELATIONSHIP TO SWEETEES LLC, ANY INFORMATION YOU PROVIDE VIA THE WEBSITES, THE TERMS, OR THIS AGREEMENT TO ARBITRATE (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITES (COLLECTIVELY, “DISPUTES”) WILL BE EXCLUSIVELY RESOLVED THROUGH CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SWEETEES LLC ARE EACH WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT REGARDING ANY DISPUTES, INCLUDING THE RIGHT TO A TRIAL BY JURY.
Except as provided herein, you, SWEETEES LLC, or any involved third party may pursue resolution of Disputes only through this Agreement to Arbitrate, whether such Disputes arose before, on, or subsequent to you entering the Agreement to Arbitrate. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, validity, construction, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, and whether the Agreement to Arbitrate can be enforced by or against a non-signatory to this agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms or the Agreement to Arbitrate are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
YOU AND SWEETEES LLC FURTHER AGREE THAT THE PARTIES MAY ONLY RESOLVE DISPUTES ON AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT, EXCEPT AS ALLOWED BY THIS AGREEMENT TO ARBITRATE, THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If any court or arbitrator determines that this class action/jury trial waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Agreement to Arbitrate shall be deemed null and void in its entirety, and you and SWEETEES LLC shall be deemed not to have agreed to arbitrate Disputes.
Section 3 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.
Section 4 – Accuracy, Completeness and Timeliness of
Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Section 5 – Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
Section 6 – 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.
Section 7 – Payment Terms
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 8 – Membership Billing
You agree and understand that you will be charged monthly for our discount club, which provides 30% off on all products while your subscription is active. You will have a one time 7 day free trial (cancel at anytime) then 7 days from your opt in date, you will be billed the price of $29.99 every 30 days thereafter unless cancellation is requested. Once your order is placed we will immediately email you a unique login. For cancellation, or any other inquiries, please contact customer service. Customer Support Hours: 9-5 (EST). Charges will appear on your credit card statements as “Sweetees”.
Section 9 – Shipping, Returns, and Refunds
All orders are subject to processing and shipping times. Shipping costs, return eligibility, and refund policies are governed by our Shipping and Returns Policy, which is incorporated into these Terms by reference.
Section 10 – Limitation of Liability
In no case shall SWEETEES LLC, 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.
Section 11 – Indemnification
You agree to indemnify, defend and hold harmless SWEETEES LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand.
Section 12 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
Section 13 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Section 14 – Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service.
Section 15 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of [Your State].
Section 16 – Contact Information
Questions about the Terms of Service should be sent to us at support@sweetees.us.