Privacy

Terms of Service

Last Modified: November 15, 2021

We share this information with you to empower you with the knowledge around how our website works, and our mutual responsibilities when using our website. We strive to explain our Terms in simple, clear, and normal language, then, there are those long legal phrases that our lawyers make us add. Please read carefully and only use our website, if you understand this document. 

The content, including all information, tools, and services available to you on www.heysugarcandy.com (the “Site”) are provided by Hey Sugar! Candy Store, L.L.C., a Texas limited liability company (“Hey Sugar”). All access and services are subject to the following terms and conditions (these “Terms”), our Privacy Policy (as described in Section 2 below), and any other terms and conditions on the Site. We may periodically change these Terms without notice to you, so please check back from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. By accessing and using this Site, you agree to these Terms.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

1. Description of Site

This Site provides a variety of resources and information for visitors and users to find, engage and purchase Hey Sugar’s products and services. Any services requested by you outside of the scope of these Terms will require a separate written agreement between the parties. 

2. Privacy Policy

You understand that your access to the Site will result in the collection, use, and storage of your information which is subject to our Privacy Policy. As such, you acknowledge that you have read and agree with our Privacy Policy. Through your access to the Site, you consent to the collection, use, and storage of such information, which may be processed and stored around the world. For an explanation of Hey Sugar’s practices and policies related to the collection, use, and storage of visitors’ and users’ information, please read our Privacy Policy.

3. General Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You also agree you will not transmit any worms, viruses, or any other type of destructive code or technology of this nature. A breach or violation of any of these Terms will result in an immediate termination of your use of the Site. 

The owner of the Site is based in the State of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the jurisdiction and dispute resolution provisions set out in Section 15 will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

We reserve the right to refuse any order or request for services that you place with us. We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services, or pricing thereof are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. 

4. Accuracy, Completeness, and Timeliness of Information

We have made every effort to display, as accurately as possible, the description of our products and services. However, we cannot guarantee that your computer monitor displays the details, colors, images, or features available accurately. Nor do we assert that any image on our Site is representative of our products and services. We may utilize images on the Site that are representative of our products and services but are not actual photos of them.

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Hey Sugar, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Hey Sugar. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. 

5. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, appointment times, images, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

6. Accuracy of Provided Information

If you provide any information to the Site, you agree to provide current, complete and accurate information including, if applicable, any information provided for the purchase of products or services made at or through our Site. If applicable, you agree to promptly update any such information, including your email address, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

8. User Comments, Feedback, and Other Submissions; Use Of Site

If you send certain specific submissions (for example, related to contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to us. We are and shall be under no obligation: (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violative any party’s intellectual property or these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS HEY SUGAR AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site 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 Site 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 Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses. 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

9. Intellectual Property Rights

Content, copyrights, trademarks, service marks, and logos contained on the Site (collectively, “Site Content”) are owned by or licensed to Hey Sugar, subject to copyright and other intellectual property rights under United States and foreign laws, and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners. These Terms permit you to use the Site for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Hey Sugar. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

10. To Report a Concern About Content on The Site

If you believe that any content on the Site is in any way unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, please notify the us at: Attention: [Name], Hey Sugar! Candy Store, L.L.C., [Address]; and send an email to: [Email address]

11. Copyright Policy

Hey Sugar prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Hey Sugar at the address listed in Section 10, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Hey Sugar will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). United States law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. 

12. Disclaimer of Warranties

ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HEY SUGAR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL HEY SUGAR OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF YOU OR HEY SUGAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. HEY SUGAR’S MAXIMUM LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE DOLLAR AMOUNT PAID BY YOU TO HEY SUGAR FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES.

13. Indemnification

As a condition of your use of this Site, you agree to indemnify, defend, and hold harmless Hey Sugar, our officers, directors, employees, agents, and representatives from and against all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from: (a) your violation of these Terms; (b) your use of the Site; or (c) your violation of the rights of any third party.

14. Third-Party Web Sites

We may provide links to third-party websites, and some of the content appearing to be on this Site is, in fact, supplied by third parties. Hey Sugar does not endorse and has no responsibility for the availability or content of these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. Hey Sugar shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods, or services available on or through such third-party website.

Certain content, products and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

15. General Terms

Governing Law; Jurisdiction: These Terms are governed by the laws of the State of Texas without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas, with respect to all disputes arising out of or related to these Terms. Any failure by Hey Sugar to enforce a provision of these Terms shall not preclude it from enforcing the same provision at another time. 

Arbitration: At Hey Sugar’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying law of the State of Texas.

Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Complete Agreement: These Terms and our Privacy Policy set forth the entire understanding between you and Hey Sugar and supersedes all prior version of these Terms. In addition, you may also be subject to additional terms and conditions when you use or access other Hey Sugar affiliate services or content.

Severability: If any provision of these Terms is declared void, unlawful, or otherwise unenforceable, such provision shall be deemed to have been severed from these Terms and will not affect the validity and enforceability of the remaining provisions. 

 Hey Sugar Candy Store, L.L.C.