SugarbearPRO Loyalty Program Terms and Conditions
Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and SugarbearPRO® (the “Company”, “we”, or “us”). The following terms and conditions (these “Terms”) govern your access to and use of https://SugarbearPRO.com, including any content, functionality, and products offered on or through https://SugarbearPRO.com (the “Website”).
In addition to these Terms, your purchase of any products or services from the Website is governed by the Terms of Sale (“Terms of Sale”) below.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
BY ACCESSING AND USING THE WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND THE OTHER GUIDELINES, POLICIES, AND TERMS POSTED ON THE WEBSITE. THESE TERMS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. BY USING OUR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, REPRESENTATIONS, AND RESPONSIBILITIES SET OUT IN THESE TERMS, AND TO ABIDE BY AND COMPLY WITH THESE TERMS.
SugarbearPRO® reserves the right to revise, update, or modify these Terms at any time. When changes are made, we will update this page with the revisions and adjust the “Last Modified” date. All changes are effective immediately upon posting to this page and apply to all access to and use of the Website thereafter. Your continued use of the Website means that you accept and agree to any changes and agree to be bound by the Terms posted on the Website at the time of your access. You are encouraged to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any content, functionality, or products offered on the Website, including the prices of our products, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period or for any modification, price change, suspension, or discontinuance of anything on the Website or the Website itself.
Privacy
For information about how we collect, use, share, and otherwise process information, please see our Privacy Policy. In order for us to provide our Website, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
User Accounts and Account Security
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Ownership; Limited License; Trademarks
The Website, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by SugarbearPRO® or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our Website for your own personal, noncommercial use. Any use of the Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and violate our intellectual property rights.
SugarbearPRO®, SugarbearPRO®, and our logos, our product or service names, our slogans, and the look and feel of the Website are trademarks of SugarbearPRO® and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
SugarbearPRO® may, at any time, change any and all aspects of the program, special promotions, and these terms, or otherwise end the program. SugarbearPRO® will provide ten (10) days’ notice prior to termination of the Program.
The Program is intended for personal use only and commercial use is prohibited. You are limited to one Account. Your Account and membership are personal to you. You may not transfer to others your Account or membership in the Program, or any benefit of any kind. Moreover, Loyalty Components are not transferable and may not be combined or conveyed by any means to anyone, including through your estate, and may not pass to your successors and assigns and, as such, Loyalty Components are not transferable by you (i) upon death, (ii) as part of domestic relations proceedings, or (iii) otherwise.
Order Eligibility
To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Website (the “Territory”). We make no promise that products or services available on the Website are appropriate or available for use in locations outside the Territory.
Loyalty Reward Club (“SugarbearPRO® Loyalty Rewards Club”)
The Loyalty Reward Club ("Program") is a free rewards program offered by SugarbearPRO®, Inc. ("SugarbearPRO®") to its customers. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 18 years or older to be eligible for Membership. Members agree that creation of a membership and/or participation in the Program will represent the Member’s full acceptance of SugarbearPRO®’s Terms of Use and Privacy Policy.
SugarbearPRO® reserves the right to change or withdraw any benefits of the Program or suspend or terminate the Program at any time at its sole discretion and for any reason. We reserve the right to immediately suspend or terminate any Member's account, for any reason, including but not limited to the following: if we reasonably believe that these Terms have been breached, if there is any theft from or misconduct in connection with SugarbearPRO®, if the Member supplies false or misleading information to SugarbearPRO®, if SugarbearPRO® considers that the Member has acted improperly or in an abusive, defamatory, criminal, or offensive way to any other Member or to SugarbearPRO® staff. If your Membership is revoked or otherwise canceled, any Points in your account will automatically expire.
No purchase is necessary to become a Member of the Program. By becoming a member, you agree to receive advertising, marketing materials, and other communications from SugarbearPRO®. Additionally, you will automatically be subscribed to receive Program emails. If you do not wish to receive these communications, you can request that they be discontinued by updating your customer profile on our site or by emailing Customer Service at hello@SugarbearPRO®.com.
Program Points
There are tiers of membership in the Program. Moving up membership tiers requires a minimum spend, as explained below (or on our Loyalty page link). All membership tiers enjoy a variety of benefits made available by SugarbearPRO® in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards, special offers, sweepstakes, one of a kind experiences, exclusive events and advance access to products) will be determined by SugarbearPRO® in its sole discretion.
Tiers
|
SugarbearPRO® Fan |
$0 USD to $299.99 USD |
|
SugarbearPRO® Ambassador |
$300.00 USD to 499.99 USD |
|
SugarbearPRO® Ultimate VIP |
$500 USD + |
For more information on the Program, please visit our Loyalty page.
Points Expiration
SugarbearPRO®Loyalty Rewards Club points do not expire and are redeemable as long as the program is active.
Tier Eligibility
Once you have qualified for a tier based on the spend thresholds above and have not been refunded and have not canceled any qualifying orders, you will enjoy that tier eligibility as long as the program is active.
General Restrictions
Points are earned on total purchase amount after discounts and gift card credit is applied, and before tax and & shipping.
Points can be used with any other SugarbearPRO® promos.
Points are not earned on returned products or canceled products.
Points are not transferable to any other individual.
Points are not redeemable for cash value.
SugarbearPRO® reserves the right to adjust or change the above terms of Notice of the change will be delivered to SugarbearPRO® Loyalty Rewards Club Members via their account email address.
Geographic Restrictions
The owner of the Website is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content, including its products, is/are accessible or appropriate for use in jurisdictions outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable.
Copyright Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Website infringes any copyright that you own or control, you may notify SugarbearPRO®’s legal department as follows: SugarbearPRO® Legal Department
3350 NE 12TH AVE #70710 Oakland Park Florida US 33307
legal@SugarbearPRO®.com
Note: The above contact information is provided exclusively for notifying SugarbearPRO® that copyright material may have been infringed. All other inquiries should be directed to our customer service by writing: hello@SugarbearPRO®.com.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to SugarbearPRO® for certain costs and damages.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY IMPOSE ADDITIONAL WARRANTIES FOR CONSUMER CONTRACTS, WHICH MAY BE APPLICABLE FOR YOU DEPENDING ON YOUR JURISDICTION OF RESIDENCE OR WHERE YOU PURCHASED THE PRODUCT.
Limitation on Liability
IN NO EVENT WILL SugarbearPRO®, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, 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.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY THE WEBSITE, PRODUCTS PURCHASED THROUGH THE WEBSITE, OR FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OF SugarbearPRO®, OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless SugarbearPRO® (and its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Website.
Governing Law and Jurisdiction
All matters relating to the Website, our products and services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Florida and the United States, respectively, sitting in King County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not be applicable to you (but only to the extent that local law conflicts with this section).
Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SugarbearPRO® and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and SugarbearPRO® agree that any dispute arising out of or related to these Terms or our Website, or its products and services, is personal to you and SugarbearPRO® and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or SugarbearPRO® seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SugarbearPRO® seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and SugarbearPRO® waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Website, products or services resolved in court. Instead, for any dispute or claim that you have against SugarbearPRO® or relating in any way to the Website, or our products or services, you agree to first contact SugarbearPRO® and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to SugarbearPRO® by email at legal@SugarbearPRO®.com or by certified mail addressed to SugarbearPRO® Legal Department, 3350 NE 12TH AVE #70710 Oakland Park Florida US 33307. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and SugarbearPRO® cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Florida or may be conducted telephonically or via video conference for disputes alleging damages less than $5,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Website for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and SugarbearPRO® agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, SugarbearPRO®, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and SugarbearPRO® agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and SugarbearPRO® will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, SugarbearPRO® will pay all JAMS fees and costs. You and SugarbearPRO® agree that the state or federal courts of the State of Florida and the United States sitting in Broward County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Website, products or services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and SugarbearPRO® will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by notifying us via certified mail addressed to SugarbearPRO® Legal Department, 3350 NE 12TH AVE #70710 Oakland Park Florida US 33307. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.
If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
Alternatives to Arbitration
If you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts and these Terms are deemed to be a consumer contract, the portions of these Terms related to arbitration will not apply to you. Instead, the exclusive jurisdiction and venue of any claim will be the state and federal courts located in the State of Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If you are a resident of a jurisdiction that prohibits the application of Florida law in a consumer contract, these Terms will be governed by the laws of your jurisdiction of residence and the non-exclusive venue of any claim will the in the courts of your jurisdiction of residence.
Language
It is the express wish of the parties that the Website, these Terms and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.
Waiver and Severability
No waiver of by SugarbearPRO® of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SugarbearPRO® to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms and any policies or operating rules posted by us on this site or in respect to the Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and SugarbearPRO®, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on SugarbearPRO®’s behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in King County, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SugarbearPRO®’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Florida Law: SugarbearPRO® endeavors to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by SugarbearPRO® in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: You warrant and represent to SugarbearPRO® that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. SugarbearPRO® reserves the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Your Comments and Concerns
This website is operated by Besweet Creations Inc. of 3350 NE 12TH AVE #70710 Oakland Park Florida US 33307.
All other Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hello@SugarbearPRO.com