Raw Sugar Living – Terms and Conditions of Use
Last Modified: March 11, 2020
THE SITE AND THEIR FUNCTIONS
Raw Sugar Living has created a curated, specialty Site that connects consumers to a plant-based lifestyle brand on a mission to promote clean and healthy living through products that are good for the body and nourish the soul. The Site serves as an online resource for individuals seeking a place to purchase the highest-quality, hand-crafted, natural soap and personal care products, delivered affordably through select third-party retailers.
END USER LICENSE
Raw Sugar Living grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to download and use the Site for personal use only in accordance with these Terms (“User License”). Raw Sugar Living does not grant you any other rights whatsoever in relation to the Site or the material contained therein. All other rights are expressly reserved by Raw Sugar Living. Any use of the Site in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Site or Raw Sugar Living Content (as defined in the Content Section herein) is strictly prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Site. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). If you breach any of these restrictions, you may be subject to prosecution and damages.
USE OF THE SITE
When you submit information on our Site, you represent and warrant that the information you provide us is accurate, complete, and current. We reserve the right to refuse service in our sole discretion.
By submitting your first name, last name, and email address on our Site, you agree to subscribe to newsletters, marketing or promotional materials and receive notices or other information we may elect to send if you opt in to elect to receive such communications. However, you may at any point in time opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. You agree that you will keep your contact information up to date. If such contact information is not up to date, you may miss out on important notices. Unless you opt out you agree that we can provide notices through the Site and/or via the email address you used when you submitted it to our Site.
You may not submit to us the name or email address of another person or entity or that is not lawfully available for you to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not submit to us any name or email address that is offensive, vulgar, or obscene.
If and to the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third-party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.
WHAT YOU AGREE TO DO AND NOT DO
By accessing or in any way using any of the Site and any of the Site’s functionality, you represent and warrant as applicable that:
- you will only access and use the Site for legal purposes and you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction;
- you have all necessary legal capacity, right, power, and authority to enter into and be bound by these Terms;
- you are 18 years of age or older;
- you are not restricted from using the Site;
- if the Site’s functionality allows, any content you upload onto the Site is wholly original to you or you have the right to use and upload such content and neither the content or your use of the content infringes on the rights of any third party;
- all information you provide to us in connection with submissions of information is true, accurate, and complete and your real name is used on your submission;
- you will abide by all requirements of Raw Sugar Living, including, but not limited to, these Terms;
- you will comply with any applicable third-party terms of agreement when using the Site (e.g. you must ensure your use of the Site is not in violation of your internet access provider’s service agreement); and
- you will abide by all applicable laws when submitting your information and while engaging in all other activities that flow from your access to the Site and use of Raw Sugar Living products and Site.
Further, you may not in any way use the Site or if the Site functionality allows, post or submit to us or to the Site anything which in any respect:
- is in breach of any law, statute, regulation, or bylaw of any applicable jurisdiction;
- is fraudulent, criminal, or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe any rights of us or any third party;
- is contrary to any specific rule or requirement that we stipulate on the Site or in these Terms; or
- involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
We reserve the right to refuse any submissions of information to the Site. We may, in our sole discretion, limit how you can use the Site. We reserve the right to refuse or cancel your access if fraud or an unauthorized or illegal transaction is suspected and/or if we believe you are in breach of these Terms or misusing the Site.
CONTENT, PRODUCTS, ACCURACY OF CONTENT OF THE SITE
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to including, but not limited to, product descriptions. 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 reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer through third-party retailers or otherwise. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
We shall not be liable to you or to any third party in any way whatsoever for any modification, price change, suspension, or discontinuance of the Site or the sites of any third-party retailers or other third parties as we do not control such third parties or third-party sites.
THIRD-PARTY RETAILERS AND REFUNDS
Because Raw Sugar Living does not sell the products directly through its Site, but exclusively through third-party retailers, all refunds and exchanges should be handled directly through the applicable third-party retailer that the product was purchased from and pursuant to their specific terms and instructions.
RIGHT TO CHANGE THE SITE
YOUR USE OF THE SITE
Your use of the Site is completely voluntary and for your own benefit. You shall not be entitled to compensation of any kind from Raw Sugar Living for such use. Your use of the Site requires appropriate telecommunication links. We shall not have any responsibility or liability with respect to any costs you may incur due to your use of the Site. You are solely responsible for all of costs involved in your use of the Site, including, but not limited to, computer costs and any other costs that flow directly or indirectly from your use of the Site.
You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:
- hack into the Site, or modify another website or mobile application so as to falsely imply that it is associated or affiliated with the Site;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws);
- use or copy any material from the Site, including, but not limited to, onto other websites or into mobile applications;
- frame any of the Site onto your own or another person’s website or mobile application; or
- access or attempt to access any password-protected, secure or non-public areas of the Site without our express permission.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
CONTENT; OUR INTELLECTUAL PROPERTY OWNERSHIP RIGHTS; THIRD-PARTY CONTENT
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, music, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (collectively the “Raw Sugar Living Content”), are owned, controlled or licensed by Raw Sugar Living. The Raw Sugar Living brand name and logo are trademarks of Raw Sugar Living. The Site and the Raw Sugar Living Content are intended solely for personal, non-commercial use. You may download or copy the Raw Sugar Living Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Raw Sugar Living Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Raw Sugar Living Content or the Site. We reserve all of our intellectual property rights in the Site.
Any third-party content, products, or site posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so solely at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SITE. If a third-party application, service, or site allows you to connect with your account through our Site, such third-party application, site, or service may access information related to your account on our Site. You are solely responsible for ensuring you review, agree to, and abide by the terms and conditions of such third-party application, site, or service.
CONTENT YOU PROVIDE
If the Site offers the ability to share any content generated by you or other users (“User Content”) such as product reviews, etc., others can see, copy, share, and use it. You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness and you should have no expectation of privacy or confidentiality in any User Content you post. We take no responsibility and assume no liability for User Content you or any third-party posts on or through the Site.
You represent and agree that any User Content you post will abide by the terms and conditions herein; not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right; and 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 any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant, Raw Sugar Living (and its affiliates (entities controlled by, controlling, or under common control with us), partners, agents, licensees, successors and assigns) a perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any notice, consent, approval, attribution, or compensation to you. If you do not want us to use your User Content, please do not post it to the Site. You may encounter User Content that is in some way offensive, inaccurate, illegal, incomplete, or otherwise objectionable. Your only remedy is to stop viewing such User Content. You may also submit a report to us at [email protected] We maintain the right, but not the obligation, to monitor and edit all User Content posted on the Site. We are not obligated to publish any User Content on the Site and may remove it in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE (AND PRODUCTS) ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS AND SITE THEREIN OR ANY THIRD-PARTY WEBSITE(S), APPS, OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR FREE.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RAW SUGAR LIVING AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We do not sell our products through the Site. All products are available for purchase through select third-party retailers. The availability of products or services shown on our Site to purchase through third-party retailers does not indicate an affiliation with or endorsement of any product, service, manufacturer, or third-party retailer. You expressly agree that your use of, or inability to use, the Site is at your sole risk. We also partner with a humanitarian relief organization to donate products, but through such actions do not endorse such organization or control the activities of such organization.
The information contained in blog posts and the products on the Site are not intended to diagnose, treat, cure, or prevent any disease or other condition. The products, information, and services mentioned on this Site may not be suitable for you. If you have any doubts you should contact a medical professional. The material on this Site does not constitute advice and you should not rely on any material on this Site to make (or refrain from making) any decision or take (or refrain from taking) any action. It is up to our visitors to the Site to make their own decisions, or to consult with a medical professional when evaluating the information on our Site. The material on the Site is not intended to cover all possible uses, directions, precautions, or adverse effects of the information or products.
Raw Sugar Living and any subsidiaries and/or affiliates do not warrant that: a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site are free of viruses or other harmful components; or d) the results of using the Site, the products, Site, and experiences offered will meet your requirements.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
You shall defend, indemnify, and hold harmless, Raw Sugar Living, any subsidiaries and/or affiliates, partners, licensees, successors, and assigns, and each of its and their directors, officers, employees, shareholders, contractors, suppliers, representatives, and agents from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) your application of any of the information or use of the products displayed on the Site; (iii) violation of these Terms; (iv) violation by you, or any third party using your account, of any law and/or intellectual property or other right of any person or entity; or (v) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In addition to any other available remedies, if you breach any of the terms or conditions listed within these Terms, Raw Sugar Living may immediately terminate these Terms and pursue legal action and/or equitable injunctions in order to compensate Raw Sugar Living for all injuries caused by such breach. You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these Terms.
You hereby agree that if the terms of these Terms are not specifically enforced, Raw Sugar Living will be irreparably damaged, and therefore you agree that Raw Sugar Living shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies. You hereby expressly waive all rights to injunctive relief.
We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Nolan Heimann LLP
16133 Ventura Blvd.,
Encino, California 91436
CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide written notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
These Terms and the User License are effective until terminated by you or Raw Sugar Living, with or without written notice. Either of us can terminate this Agreement at any time. Your rights under the User License will terminate automatically without notice from Raw Sugar Living if you fail to comply with any terms or conditions of the User License. Upon termination of the User License, you shall cease all use of the Site. Upon termination you may no longer access the Site. All terms herein intended to survive termination (including, without limitation, limitations of liability and dispute resolution), shall so survive. Without in any way limiting any other language elsewhere in these Terms, Raw Sugar Living shall in no way be liable to you for any termination as described in this Section.
GOVERNING LAW/JURISDICTION AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract entered into and wholly performed within the State of California. Any disputes or differences between the parties arising out of these Terms which the parties are unable to resolve themselves shall be submitted to and resolved by arbitration as provided herein below. Notwithstanding the arbitration obligations, Raw Sugar Living shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction located in Los Angeles, California and you consent to personal jurisdiction of any court of competent jurisdiction in Los Angeles, California. Access to or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please read this carefully. It affects your rights.
Except for a claim by Raw Sugar Living of infringement or misappropriation of its patent, copyright, trademark, or trade secret and/or Raw Sugar Living ’s ability to seek injunctive or other equitable relief, any and all disputes between you and Raw Sugar Living arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site. You agree that by entering into these Terms, you and Raw Sugar Living are each waiving the right to trial by jury or to participate in a class action. You and Raw Sugar Living agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Raw Sugar Living must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Los Angeles, California. Any arbitration proceedings held hereunder shall be confidential.
ATTORNEY’S FEES AND COSTS
Should it become necessary for any party to these Terms to bring a claim in arbitration and/or litigation to enforce any provision herein, or for damages on account of any breach of these Terms, the prevailing party shall be entitled to recover from the other party or parties all costs and expenses incurred in the arbitration and/or litigation, which includes but is not limited to the recovery of reasonable attorney’s fees and court costs.
Feel free to email Raw Sugar Living at [email protected]. However, any communication may be lost, intercepted or altered. Raw Sugar Living is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through the Site or via e-mail that:
- Raw Sugar Living has no obligation concerning such information;
- The information is non-confidential;
- Raw Sugar Living may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation (for purposes of clarification, all submissions, suggestions, corrections, additions, modifications, etc. you submit are owned outright, solely, and exclusively by Raw Sugar Living without any consent, approval, notice, or compensation to you); and
- The information is truthful and disclosure of the information does not violate the legal rights of others.
GENERAL LEGAL PROVISIONS
If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. To the extent allowed by law, the English language version of these Terms is binding and all other translations are for convenience only.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. You may not assign your rights under this Agreement to any party; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. All rights not expressly granted herein are hereby reserved.
If you have concerns relating to the Site or these Terms, please contact Raw Sugar Living at [email protected].