TERMS & CONDITIONS

Date last modified: 20 January 2022


INTRODUCTION

Sugar Pear Design, LLC (“Sugar Pear Design”, “we” or “our”) operates sugarpeardesign.com, a website hosted in the U.S.A. that provides information about our services including, but is not limited to, examples, testimonials, pictures, and videos (the “Site”).

Sugar Pear Design has developed this Terms of Use Agreement (this “Agreement”) to describe the terms and conditions that govern your access and use of the Site. Your access to and use of the Site may require additional terms and conditions, including, but not limited to, modifications to this Agreement (“Additional Terms”). In the event of a conflict between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement. Additional Terms shall be effective upon publishing to the Site. Additional Terms will only apply prospectively. Your continued use of the Site following the publication of the Additional Terms constitutes your intent to be bound by and your acceptance of said Additional Terms. Therefore, you must review this Agreement and any Additional Terms when notified of a change. If you do not agree to this Agreement or abide by all applicable laws, you are prohibited from using and accessing the Site. You must discontinue any and all use of the Site immediately.


01. ELIGIBILITY

To access or use the Site: (a) you must be 13 years of age or older, and if under 18 or the age of majority in your jurisdiction, your use of the Site must be under the supervision of a parent or guardian or another responsible adult, and (b) you, or (where applicable) the adult supervising your use of the Site, must have the power and authority to enter into this Agreement. Sugar Pear Design reserves the right to remove commercial content at its sole discretion.


02. DURATION

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you are using the Site. In its sole discretion, Sugar Pear Design reserves the right to reject, refuse to post, or remove any posting including, without limitation, private messages, emails, and public messages (collectively, “Messages”) by you.


03. HOUSE RULES

When you use the Site, you may submit your user information including, among other things, your name, email address, address, telephone number, social media account handles, professional information, and additional information that you voluntarily submit such as contact information (e.g., when you submit an inquiry through the contact form, online calendar, schedule a consultation) (“Your User Information”). You are solely responsible for any and all content, including, without limitation, text, files, images, photos, videos, audio, documents, or any other materials that you submit to us through the Site or via the contact information listed on the Site (“Your Content”). Your User Information and Content are collectively referred to herein as “Content”). You represent and warrant that you will use the Site solely for lawful purposes in a manner consistent with this Agreement and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with us and any third parties. You agree that you have reviewed and understood this Agreement by submitting Content to the Site. You understand that you may expose yourself to liability if submitted Content or your use of the Site violates applicable law or any third-party rights.

You agree that you will not:

  1. Impersonate another person, use another person’s email address, or misrepresent your current or former affiliation with another entity or person;
  2. Submit Content under false or fraudulent pretenses;
  3. Submit Content that you do not own or do not have the right to share;
  4. Violate this Agreement, the terms of any other agreements you have with us, or any applicable law, rule, or regulation;
  5. Submit content that is defamatory, libelous, fraudulent, harassing, threatening, abusive, racist or bigoted, or is otherwise objectionable; or that you know to be false or misleading;
  6. Promote, endorse, or further illegal activities;
  7. Disclose information in violation of any legally enforceable confidentiality, non-disclosure, or other contractual restrictions or rights of any third party, including any current or former employers or potential employers, recruiters or potential recruiters;
  8. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
  9. Imply a Sugar Pear Design endorsement or partnership of any kind without our express written permission;
  10. Introduce software or automated agents to the Site, or access the Site to produce multiple accounts, or to scrape strip, or mine data from the Site without our express written permission;
  11. “Frame”, “mirror” or otherwise incorporate part of the Site into any website, or “deep-link” to any portion of the Site without our express written permission.
  12. Copy, modify, or create derivative works of Sugar Pear Design or any Content (excluding Your Content) without our express written permission;
  13. Copy or use the information, Content (excluding Your Content), or data on the Site in connection with a competitive service, as determined by Sugar Pear Design;
  14. Sell, resell, rent, lease, loan, trade, or otherwise monetize access to the Site or any Content (excluding Your Content) without our express written permission;
  15. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the Site;
  16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  17. Introduce any viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or similar software to the Site; or
  18. Attempt to circumvent any security feature of the Site.


04. PROPRIETARY RIGHTS IN SUBMITTED CONTENT

Sugar Pear Design does not claim any ownership rights in the Content you submit through the Site or submit to the contact information provided on the Site. After submitting Content, you continue to retain any rights you previously had in your Content subject to the limited non-exclusive License (defined below) therein. The License you grant to Sugar Pear Design is non-exclusive (meaning you are free to license your Content to anyone else), royalty-free (meaning that Sugar Pear Design is not required to pay you or anyone else deriving rights from the Content for its use on the Site), sublicensable (so that Sugar Pear Design can use its affiliates, subcontractors and other partners, including, without limitation, Internet content delivery networks and wireless carriers, to provide the Site), and worldwide (because the Internet is global in reach) (the “License”). You represent and warrant that you own or otherwise have the right to grant the license set forth above to all Content submitted through the Site or via the contact information provided on the Site. You also represent and warrant that the Content you submit does not violate any privacy rights, publicity rights, trademarks, copyrights, contract rights, or other rights of any person or entity.


05. PROPRIETARY RIGHTS IN OTHER’S CONTENT ON THE SITE

Sugar Pear Design owns and retains all rights in the content we post to the Site and the Site itself. Our content is protected by copyright, trademark, patent, trade secret, and other laws.


06. TECHNICAL USE OF CONTENT

Sugar Pear Design performs technical functions necessary to operate The Site including, but not limited to, the technical processing and transmission of messages and transcoding and reformatting Content to allow its use throughout the Site


07. MESSAGES FROM SUGAR PEAR DESIGN

You agree and acknowledge that Sugar Pear Design may send Messages including, without limitation, notifications of any changes to the website or this Agreement in addition to special offers, promotions, commercial advertisements, and marketing materials in connection with the Site.


08. PROHIBITED ACTIVITIES

The following are examples of illegal or prohibited activities on the Site. Sugar Pear Design reserves the right to investigate and take appropriate legal action against anyone who, in Sugar Pear Design’s sole discretion, violates this provision, including, without limitation, reporting such activity to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site;
  2. Activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy or limit the functionality of any computer software, hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  3. Modifying, copying, distributing, downloading, scraping, or transmitting in any form or by any means, in whole or in part, any content from the Site other than your Content which you legally submit;
  4. Providing or using “tracking” or monitoring functionality in connection with the Site;
  5. Attempting to modify or dismantle any safety features on any Site page via HTML/CSS or any other means;
  6. Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected with Sugar Pear Design;
  7. Impersonating or attempting to impersonate Sugar Pear Design or a Sugar Pear Design employee, administrator or moderator, another User, person, or entity (including, without limitation, the use of email addresses of or associated with any of the above);
  8. Using or distributing any information obtained from the Site to harass, abuse, or harm another person or entity, or attempting to do the same;
  9. Relaying email from a third party’s mail servers without the permission of that third party;
  10. Using invalid or forged headers to disguise the origin of any Content transmitted to or through Sugar Pear Design’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
  11. Using any automated system, including, but not limited to, scripts or bots to harvest email addresses or other data from the Site to send unsolicited or unauthorized material;
  12. Engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated in any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
  13. Using the Site in a manner inconsistent with any and all applicable law.


09. THIRD-PARTY PARTNER SERVICES

Partner services created by third-party developers are used to process services and provide updates. They may additionally be used on or in connection with the Site, including, without limitation, applications, websites, desktop, wireless, mobile, and other services available from third parties (“Partner Services”).

When you engage with a third-party Partner Services provider, you interact with the third-party, not Sugar Pear Design. Sugar Pear Design does not control Partner Service providers or their actions. If you choose to use a third-party Partner Service, the provider may use and share your data in accordance with a separate privacy policy not covered or governed by this Agreement. In addition, the provider providing the Partner Service may use other parties to provide portions of the application or service to you, including, without limitation, technology, development, or payment services. Sugar Pear Design is not responsible for and makes no warranties, express or implied, as to the third-party Partner Services or the providers of such Partner Services, including, but not limited to, the privacy practices thereof. Sugar Pear Design encourages you not to provide any personally identifiable information to any Partner Service provider unless you know and are comfortable with the provider with whom you are interacting.


10. PRIVACY

The collection, storage, and sharing of your data are governed by Sugar Pear Design’s Privacy Policy, which can be accessed at www.sugarpeardesign.com/privacy-policy/. Your responsibility is to read and understand our Privacy Policy upon accessing and before using the Site.


11. DISCLAIMERS AND LIMITATION ON LIABILITY

This section’s disclaimers and limitations on liability apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may or may not be lawfully limited. Sugar Pear Design is not responsible for and makes no warranties, express or implied, as to content. In addition, Sugar Pear Design is not responsible for any damage, injury, or loss caused by using the Site or by any of the equipment or programming associated with or utilized in the Site or Partner Services. Inclusion of any linked website or service on the Site does not imply approval or endorsement of the linked website or service by Sugar Pear Design. When you access these third-party sites and services, you do so at your own risk. Sugar Pear Design takes no responsibility for third-party advertisements or Partner Services posted on or in connection with the Site or Partner Services, nor does it take any responsibility for any goods or services provided by these third parties and providers.

Sugar Pear Design assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, and any communication related to the Site. Sugar Pear Design is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or the Site or Partner Services or a combination thereof, including, without limitation, any injury or damage to users or any person’s computer related to or resulting from participation or downloading materials in connection with the Site or Partner Services. Under no circumstances shall Sugar Pear Design be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Site or Partner Services, attendance at a Sugar Pear Design event, or from any Content submitted or Sugar Pear Design content posted on or through the Site or Partner Services.

The Site and Partner Services are provided “AS IS” and “AS AVAILABLE,” and Sugar Pear Design EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, NON-INFRINGEMENT, OR QUIET ENJOYMENT. Sugar Pear Design cannot guarantee and does not promise any specific results from the Site or Partner Services use. Sugar Pear Design cannot guarantee the accuracy of information posted on the Site. IN NO EVENT SHALL SUGAR PEAR DESIGN BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR PARTNER SERVICES, EVEN IF SUGAR PEAR DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUGAR PEAR DESIGN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO 50.00 US DOLLARS.


12. INDEMNITY

You agree to indemnify and hold Sugar Pear Design, its parents, subsidiaries, affiliates, subcontractors and other partners, and their respective owners, officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees made by any third party due to or arising out of your use of the Site in violation of this Agreement or arising from:

  1. A breach of this Agreement.
  2. Any violation of your representations and warranties outlined in this Agreement.
  3. From any Content that you post on or in connection with the Site.


13. CHANGE TO TERMS

We may revise this Agreement from time to time by publishing a newer updated version on the Site (the “Updated Agreement”). The updated Agreement will be effective upon your Agreement as made on the Site. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify the Site before the change becomes effective. We may provide notice of revisions in other circumstances and by other means as well. Any such modifications will not apply to any claim brought before the effective date of the Updated Agreement incorporating such revisions. We encourage you to periodically review this page for the latest, most up-to-date Agreement. Your continued use of the Site is subject to the most current effective version of this Agreement.


14. GOVERNING LAW

This Agreement and any and all claims, disputes, or other legal proceedings by or between you or us including, but not limited to, any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of the Site, shall be governed by the internal laws of the State of Wisconsin without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. As appropriate, any claim, dispute, or other legal proceedings shall be brought and litigated exclusively in the state courts located within Dane County, Wisconsin, or the federal courts in the Western District of Wisconsin. You agree to submit to the personal jurisdiction of each of these courts to litigate such claims or disputes.


15. ENTIRE AGREEMENT, WAIVER, SEVERABILITY, AND ASSIGNMENT

This Agreement, any Additional Terms, and the Privacy Policy, incorporated by reference in Article 15, constitute the entire Agreement between you and Sugar Pear Design regarding the use of the Site. This Agreement supersedes all prior proposals, negotiations, agreements, and understandings concerning the subject matter of this Agreement. You represent and warrant that no person or entity has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this Agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Suppose any provisions of this Agreement are found to be unenforceable or invalid. In that case, only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the remaining provisions of the Agreement shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of this Agreement is binding, and the translations, if any, are provided for convenience only. This Agreement, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Sugar Pear Designs’ prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The articles titles in this Agreement are for convenience only and have no legal or contractual effect; as used in this Agreement, the word “including” means “including but not limited to”.


16. ACCEPTANCE

This Agreement is accepted upon your use of the Site.

To contact us with any questions or concerns about this Agreement, please email us at info@sugarpeardesign.com or contact us at our mailing address: PO Box 45241, Madison, Wisconsin 53744.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT OR CLAIMING IGNORANCE IS NOT A DEFENSE, AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.

GET IN CONTACT

PO Box 45241, Madison, WI 53744

608-268-5525

info@sugarpeardesign.com