OWNERSHIP OF SOFTWARE
SugarShock.com or its software suppliers are the owners of all copyrights, patents, trade secrets or other intellectual property in the software for the website and/or each of its computer software modules. You may not disassemble, decompile, reverse engineer or otherwise derive source code from the software, reproduce, distribute, publish, license, modify, create derivative works from, transfer, sell, rent or lease any information, software products or services obtained from the website without the express written permission of Bennett Communications and/or its third party providers. All software used on this site is the property of SugarShock.com or its software suppliers and is protected by U.S. and international copyright law.
All content included on the website, including without limitation text, graphics, software, logos, button icons, photographs, look and feel and other materials (collectively, the “Content”) is the property of SugarShock.com or its content suppliers and is protected by United States and international copyright laws. You may not modify, publish, display or in any way exploit the website or any of the Content, in whole or in part, except as expressly permitted in this Agreement. The compilation of all material on the website is the exclusive property of SugarShock.com and protected by U.S. and international copyright laws.
Unless otherwise indicated, all graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of SugarShock.com (collectively, the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the website, without SugarShock.com’ prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits SugarShock.com. All other trademarks not owned by SugarShock.com that appear on the website are the property of their respective owners.
USE OF SITE
LINKS TO THIRD-PARTY SITES
Third party content may appear on the Site. SugarShock.com is not responsible for and assumes no liability for any content, representations or misrepresentations contained in any third party content appearing on or available through the Site. You are solely responsible for ascertaining whether such information is correct.
You agree to defend, indemnify and hold harmless SugarShock.com and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of: your use of the website; your failure to use the website; your breach or alleged breach of the Terms and Conditions; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
TERMINATION OF SERVICE
SugarShock.com, in its sole discretion, may terminate your access to all or any part of the website at any time for any reason without prior notice or liability. SugarShock.com may modify, suspend or discontinue any or all sections of the website at any time without prior notice or liability.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SugarShock.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. SugarShock.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SugarShock.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SugarShock.com DOES NOT WARRANT THAT THE website OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE website AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. SugarShock.com ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED ON THE SITE, AND SugarShock.com EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCTS AND SERVICES LISTED IN THE website MEET YOUR SPECIFIC NEEDS OR THAT THE PRODUCTS AND SERVICES WILL MEET THE SPECIFICATIONS GIVEN ON THE website. SugarShock.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. SugarShock.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE website EVEN IF THERE IS NEGLIGENCE BY SugarShock.com OR IF AN AUTHORIZED REPRESENTATIVE OF SugarShock.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SugarShock.com TO ANY USER OF THE website FOR DAMAGES RESULTING FROM ITS ERRORS OR OMISSIONS OR FROM THE CONTENT, PERFORMANCE OR NON-PERFORMANCE OF THE website, OR FROM ANY OTHER CAUSE WHATSOEVER EXCEED THE LESSER OF (I) THE REVENUES PAID BY SUCH USER TO SugarShock.com IN THE SIX (6) MONTHS PRECEDING THE EVENT RESULTING IN ANY CLAIM AGAINST SugarShock.com OR (II) $1,000. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SugarShock.com AND ITS THIRD PARTY CONTENT PROVIDERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE. GOVERNING LAW: JURISDICTION
This Agreement shall be governed by the laws of the state of New York, without regard to its conflict of laws principles, and the parties irrevocably consent to jurisdiction and venue in the state and federal courts located in the city and state of New York.