SUGAR FACTORY is known the world over for its celebrity-endorsed Couture Pops which it offers for sale in-person at its store locations or online. These Terms and Conditions, together with the documents referenced herein (collectively, the “Terms and Conditions”), to Sugar Factory’s websites, apps, software platforms, or online offerings (collectively, the “Platform”) will automatically apply to you (“End User” or “you”). Sugar Factory (“we,” “us,” or “our”) permits you to use the Platform subject to these Terms and Conditions and any applicable laws. You may thus only utilize the Platform in accordance with these Terms and Conditions.
Please read these Terms and Conditions carefully before accessing or using our Platform. Your access to and use of the Platform, products, or services is conditioned upon your compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who wish to access or use our Platform, products, or services or who wish to purchase our products.
By accessing or using any part of the Platform or our services, you agree to be bound by these Terms and Conditions. If you do not agree to any or all of the provisions set forth in these Terms and Conditions, you do not have permission to access the Platform, products, or services.
Any new features or tools which are added to the current Platform or our services shall also be subject to these Terms and Conditions. You can review the most current version of these Terms and Conditions at any time on this page. We reserve the right to update, change, modify, or replace all or any part of these Terms and Conditions by posting updates, modifications, and/or changes to our Platform. It is your responsibility to check this page periodically for any such changes or updates. Your continued use of or access to the Platform, products, and services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE PLATFORM AND YOU MUST IMMEDIATELY CEASE DOWNLOADING, INSTALLING, OR USING THE PLATFORM.
BY DOWNLOADING, INSTALLING, ACCESSING, BROWSING, SIGNING UP, OR USING THIS PLATFORM, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS WHICH BIND YOU LEGALLY, AND YOU FURTHER:
If at any time after reviewing or using the Platform you wish to terminate such use or these Terms and Conditions, you must cease access to the Platform, uninstall and remove the Platform from your Mobile Device completely, and delete any copies thereof in your possession. “Mobile Device” means any Android or iOS compatible basic phone, smartphone, smart watch laptop, or tablet.
Nothing in these Terms and Conditions or as a result of your use of the Platform shall be construed as creating a joint venture, partnership, employment, or agency agreement between Sugar Factory and you. You must agree to Sugar Factory’s Terms and Conditions before using or accessing the Platform. Your use and access of the Platform is governed by these Terms and Conditions. Your use of the Platform is strictly limited and granted solely to provide you the ability to search for and purchase Couture Pops and other offerings by Sugar Factory. All other use is prohibited. In order to use our Platform, you must be at least eighteen (18) years old or have parental consent. By using or accessing the Platform, you are agreeing to share information with Sugar Factory, third-party manufacturers, and other users of the Platform. You agree to provide truthful information about yourself, and grant Sugar Factory the right to use this information in connection with the Platform. You have choices about the information you provide to us and it’s your choice whether to share sensitive information with us and whether to put such information on your account. With respect to your account, please do not add personal data to your account that you would not want to be publicly available. You can always choose not to give us certain information; however, not providing information may prevent you from using certain features of or fully enjoying the Platform. If any information about you is inaccurate, please contact Sugar Factory at cl@sugarfactory.com.
You agree that you won’t use the Platform in any way that would violate any laws, infringe any rights of others (including intellectual property rights) or create liability for Sugar Factory. You also agree that you won’t collect or compile data on others using our Platform. You agree to share your account information only with your employees or representatives who are authorized to use our Platform on your behalf. You agree that all activity on the Platform using your account is being conducted by someone duly authorized by you to do so. You agree you are fully liable and responsible for all actions performed using your account.
The Platform enables us to market and sell our products. The Platform includes any content, such as personal information, service, method, software, data, technology, specification, description, information, communications, published works, photos, video, graphics, music, sounds, or any other thing that is included with, operated on, or can be viewed by you on the Platform, including, without limitation, any derivative works, improvements, additions, collections or modifications. Data and messaging rates may apply when you use the Platform, including domestic and international roaming charges, if applicable, and you agree that you are solely responsible for any cellular usage charges you incur by using the Platform. The Platform, via a link, will also allow you to find answers to common questions, review the Terms and Conditions, and the Privacy Policy.
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Platform or any related website for committing any of the prohibited uses.
The Platform may access and use your device location information for our analysis of geographic dispersion of our products and services based on the area where your device is located. In addition, the Platform may collect and use your name, address, email address, phone number, IP Address, cookie data, device information (such as OS, browser user agent string). It is your responsibility to keep your phone and access to the Platform secure. If you access the Platform from locations outside the United States, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
Sugar Factory may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Sugar Factory may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. Sugar Factory may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Sugar Factory shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts may be sent to the email address or mobile number you have provided for the Platform. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your account. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time.
We reserve the right to prevent you from using the Platform, products, or services (or any part of them). If you are not the bill payer for any Mobile Device being used to access the Platform, you will be assumed to have received permission from the bill payer for using the Platform.
We are offering the Platform to use for your own personal use only, and you should be aware that you cannot send it to anyone else, and you are not allowed to copy or modify our trademarks or the Platform or any part thereof in any way. You are not allowed to attempt to extract the source code of the Platform, and you should not try to translate the Platform into other languages or make derivative versions. The Platform and all the trademarks, copyright, database rights, and other intellectual property rights related thereto belong solely to us or our affiliates. You agree that you will not at any time disclose to others or use, copy or permit to be copied, without that other party’s express prior written consent, any confidential or proprietary information of the other party.
We may change or revise these Terms and Conditions from time to time in our sole discretion, with or without notice to you. You are bound by any such changes and revisions and should therefore periodically visit our Platform to review our then-current Terms and Conditions. Your continued access and use of the Platform will be governed by our most current Terms and Conditions and constitute your acceptance thereof and your agreement to be bound accordingly. From time to time, we may provide updates to the Platform. You understand and agree that we transact with the Platform users electronically and, therefore, may provide you with required notices and terms electronically, such as by posting a notice on the Platform, and/or sending you an email.
Subject to these Terms and Conditions, including the Privacy Policy, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Platform on your Mobile Device in accordance with these Terms and Conditions and all applicable local, national, and international laws and regulations. You represent, warrant, and agree that you are using the Platform solely for the purpose described in Section 1.1 and not for redistribution or transfer of any kind. Any other use of the Platform is strictly prohibited. We reserve any and all rights in and to the Platform. We also reserve the right to revoke or terminate the license granted hereunder at any time in our sole discretion, with or without prior notice. Unless we tell you otherwise in writing, upon any such revocation or termination, (i) the rights and license granted to you under these Terms and Conditions will end immediately, and (ii) you must immediately stop using the Platform.
You agree to abide by the rules and policies which are established from time to time by us in these Terms and Conditions as well as the Sugar Factory Privacy Policy, and/or any amendments, modifications, revisions, or updates thereto. Such rules and policies may include, for example, required or automated updates, or modifications of the Platform and obtaining available patches to address security, interoperability, or performance issues. Your continued use of the Platform indicates your agreement to any revised license rights. Accordingly, we urge you to frequently review the license and any amendments thereto, and, if you do not agree to the terms of such rules and policies or any revisions thereto, you must cease using the Platform immediately. The Platform’s Terms and Conditions as well as the Privacy Policy are located at [TERMS AND CONDITIONS LINK] and [PRIVACY POLICY LINK], which are incorporated herein by this reference.
You acknowledge and agree that the source and object code of the Platform (including whether or not present on your Mobile Device; and including, without limitation, any copy that you download, install, or use on your Mobile Device) and the format, directories, queries, algorithms, structure and organization of the Platform are the intellectual property and proprietary and confidential information of us, our affiliates, licensors, or suppliers. The Platform is licensed, not sold, to you. Title to the Platform shall remain at all times with us. We and our partners, collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Platform (or any copy thereof) at any time without notice and will have no liability to you or any third party for doing so. Except as expressly stated in these Terms and Conditions, you are not granted any intellectual property rights in or to the Platform, whether by implication, estoppel or other legal theory, and all rights in and to the Platform not expressly granted to you under these Terms and Conditions are hereby reserved and retained by us. These obligations survive the termination of these Terms and Conditions and the license granted hereunder.
Trademarks (including, but not limited to, the Sugar Factory logo) that are used or displayed on the Platform are owned by us or our affiliates, licensors, or suppliers. Our trademarks may not be copied or used, in whole, partial, or modified form, without the prior written permission of Sugar Factory or, if applicable, our licensors. In addition, Sugar Factory custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing a website name, trademark, or product name without our express written consent. These obligations survive the termination of these Terms and Conditions and the license granted hereunder or by any other agreement incorporated herein by reference.The Platform may utilize or include third-party software that is subject to open-source license terms (“Open-Source Software“). You acknowledge and agree that your right to use such Open-Source Software as part of the Platform is subject to and governed by the terms and conditions of any applicable open-source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Open-Source License Terms“). In the event of a conflict between these Terms and Conditions and the Open-Source License Terms, the Open-Source License Terms shall control.
You acknowledge that the Platform may permit or facilitate access to products and services, websites, advertisements, promotions, recommendations, advice, information, and content created and provided by us. The Platform may contain links to independent third-party websites or other applications (“Third-Party Sites”). Third-Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies, if any. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third-Party Sites.
These Terms and Conditions and the license granted hereunder shall be effective from the time you download, install, copy, or otherwise use the Platform until terminated. We may, in our sole and absolute discretion, at any time and for any or no reason, suspend or terminate the license and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any provision of these Terms and Conditions, then the license and any rights afforded to you hereunder shall immediately terminate automatically, without the necessity of notice or other action by us. Upon the termination of the license granted to you hereunder, you shall cease all use of the Platform and remove the Platform from your Mobile Device. We may, without notice to you, disable the Platform at any time. We will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of suspending or terminating the license hereunder in accordance with these Terms and Conditions, and such suspension or termination will be without prejudice to any other right or remedy we may have now or in the future. These obligations shall survive the termination of the license and these Terms and Conditions.
Your use of the Platform is governed by our Privacy Policy and any supplemental disclosures provided herein. By downloading, installing or using the Platform, you consent to these Terms and Conditions as well as the Privacy Policy. In order to use the Platform, it will collect and use certain information provided by you. This information may include, among other data, your name, email address and billing information as provided by you upon registration or at a later stage during the use of the Platform. The Platform may have access to mobile device identification information and mobile device physical location.The Platform does not target to minors under the age of 18 and will not knowingly collect personally identifiable information from children under the age of 18. We may use firewalls, password protection, encryption and other security measures to help prevent unauthorized access to your personally identifiable information. You may always elect to discontinue your use of the Platform by removing the Platform from your Mobile Device. To learn more, you can access the Privacy Policy at [PRIVACY POLICY LINK].
YOUR USE OF THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, ANY PLATFORM-RELATED PRODUCT, SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THE PLATFORM, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE PLATFORM AND ANY PLATFORM-RELATED PRODUCT OR SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
NEITHER WE NOR OUR LICENSORS, SUBSIDIARIES, AND OTHER RELATED PARTIES, NOR OUR OR THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY THAT: (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE PLATFORM ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (v) THE QUALITY OF ANY SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN OUR PLATFORM OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE PLATFORM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF THE PLATFORM SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION. SUGAR FACTORY IS NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE.
IN NO EVENT SHALL WE OR OUR EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE PLATFORM OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE PLATFORM; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PLATFORM OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR SERVICES ON OR AVAILABLE THROUGH THE PLATFORM; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO THE PLATFORM, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR PLATFORM-RELATED SERVICES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE PLATFORM.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to indemnify, defend, and hold us harmless, as well as our officers, directors, agents, employees, underlying content and/or service providers, licensors, and each of their respective subsidiaries and affiliates from and against any claim, proceeding, loss, expense, damage and cost, including reasonable attorneys’ fees, made by any third party due to or arising out of any material or any other content or information that you submit, post or upload to or transmit through the Platform, your use of the Platform, your connection to the Platform, your violation of these Terms and Conditions, or your violation of any law or the rights of any third party. These obligations will survive any termination of your relationship with us or your use of the Platform. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed in Florida, without regard to its conflict of law principles. You agree that any legal action or proceeding between us and you for any purpose concerning these Terms and Conditions or your or our obligations hereunder shall be brought exclusively in the federal or state courts of competent jurisdiction sitting in Miami-Dade County, Florida, and you expressly agree that such courts shall have jurisdiction over you. The prevailing party in any dispute arising hereunder or from your use of the Platform shall be entitled to an award of its reasonable attorney’s fees and legal costs against the non-prevailing party, from the inception of claim through and including all trial and appellate levels and collection of judgment proceedings.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND SUGAR FACTORY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE PLATFORM.
If any provision of these Terms and Conditions is held to be invalid or unenforceable with respect to a party, the remainder of these Terms and Conditions, or the application of such provision to persons other than those to whom it is held invalid or unenforceable, these Terms and Conditions as a whole shall not be affected and each remaining provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may modify or amend these Terms and Conditions at any time, with or without notice to you, by posting a copy of the modified or amended Terms and Conditions available through the Platform. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Platform following the date on which the modified or amended Terms and Conditions are made available through the Platform. The provisions found in these Terms and Conditions shall survive termination of your license for the use of the Platform.
Except as explicitly provided in these Terms and Conditions, nothing contained in these Terms and Conditions is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you. Your rights and duties under these Terms and Conditions are not assignable by you without our prior written consent.
These Terms and Conditions including any and all documents incorporated herein by reference constitute the entire agreement with respect to the use of the Platform licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
7495 W Atlantic Ave., Ste. 200, #392
Delray Beach, FL 33446