Welcome to the Sugar Mermaid Web Site (the "Site"). Sugar Mermaid, LLC. ("Sugar Mermaid") provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Sugar Mermaid reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Sugar Mermaid web site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Sugar Mermaid, one of its affiliates or by third parties who have licensed their materials to Sugar Mermaid. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.
The content of the Site is intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you as a result of any such activities. Sugar Mermaid reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.
Sugar Mermaid is in the process of a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Sugar Mermaid.
DMCA Notice & Take-down Procedure Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Copyright Agent for Sugar Mermaid for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows:
by e-mail at email@example.com by telephone at (949) 872-6373 by mail at Costa Mesa, CA 92627.
IMPORTANT! PLEASE NOTE:
YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE:
“DMCA NOTICE OF INFRINGEMENT”
IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Sugar Mermaid on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Sugar Mermaid's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Sugar Mermaid of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Sugar Mermaid will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Sugar Mermaid is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
At Sugar Mermaid, our commitment is to offer convenience, service, online booking and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at Sugar Mermaid will usually be priced the same as merchandise offered at our affiliate Sugar Mermaid store, in some cases, Sugar Mermaid store may have different prices or promotional events at different times.
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Correction of Errors and Inaccuracies
The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your Sugar Mermaid purchase you may return it with the original Sugar Mermaid packing receipt within 14 days of date of purchase. Please see our Return Policy.
In the event a Sugar Mermaid product is listed at an incorrect price due to typographical error or systems error, Sugar Mermaid shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Sugar Mermaid shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sugar Mermaid shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by Sugar Mermaid without notice at any time for any reason. The provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.
Sugar Mermaid may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Sugar Mermaid account information.
Use of Site
Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Sugar Mermaid or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend, and hold harmless Sugar Mermaid, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third Party Links
In an attempt to provide increased value to our visitors, Sugar Mermaid may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Sugar Mermaid, Sugar Mermaid has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sugar Mermaid. Sugar Mermaid has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sugar Mermaid seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
7. Disclaimer of Warranties; Limitation of Liability
7.1 The laws of certain jurisdictions, do not allow the exclusion or limitation of legal warranties, conditions, representations, liability or certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply.
NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in this Section 7 do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in this Program limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between this Program and New Jersey law, New Jersey law will govern.
7.2 Neither Sugar Mermaid nor our parents, subsidiaries, affiliates, partners, or licensors make any representations, warranties or conditions of any kind whatsoever, express or implied, in connection with these terms or the program or any of the rewards or benefits associated with the program, except to the extent such representations, warranties and conditions are not legally excludable. This subsection 7.2 is subject to the provisions of subsection 7.1 of this program.
7.3 You agree that, to the fullest extent permitted by applicable law, neither Sugar Mermaid nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible (whether in contract, tort (excluding negligence) pre-contract or otherwise) for any (a) interruption of business; (b) access delays or access interruptions to the program; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on the site or use of any reward or benefit of the program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in program content; or (g) events beyond our reasonable control. We make no representations, warranties or conditions that defects or errors will be corrected. Nothing in this provision shall exclude or limit our liability for death or person injury resulting from our negligence or that of our servants, agents or employees. This subsection 7.3 is subject to the provisions of subsection 7.1 of this program.
7.4 Further, to the fullest extent permitted by applicable law, neither Sugar Mermaid nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any economic losses (such as loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation or any special or indirect losses of any kind related to the program and/or your participation therein, regardless of the form of action whehter in contract, tort (including negligence) pre-contract or otherwise (other than fraudulent or negligent misrepresentations), even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00). This subsection 7.4 is subject to the provisions of subsection 7.1 of this program.
7.5 If you are dissatisfied with the program for any reason, termination of your membership in the program is your sole remedy. We have no other obligation, liability, or responsibility to you except as expressly required by law. This subsection 7.5 is subject to the provisions of the subsection 7.1 of this program.
To the maximum extent permitted by applicable law, and subject to Subsection 7.1 of this Program, you agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your breach of the Program or its Terms or your violation of any law, rule or regulation.
9. Governing Law and Disputes
Unless the laws of your jurisdiction require that those laws apply, this Program and these Terms will be governed by and construed under the substantive laws of the State of Pennsylvania and you irrevocably submit to the exclusive jurisdiction of the federal and state courts of the State of Pennsylvania. This Section 9 is subject to the provisions of Subsection 7.1 of this Program.
10. Privacy and Data Protection
11. Entire Agreement; Waiver and Survival
These Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms. This Section 11 is subject to the provisions of Subsection 7.1 of this Program.
12. Contact Us
For information about the Program and your membership, contact Customer Service at firstname.lastname@example.org. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs. If you need to contact us, our company details are:
Sugar Mermaid Registered office: 1815 Newport Blvd. #13 Costa Mesa, Ca 92627 Email: email@example.com