T & C

Last updated April 01, 2020
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Sugar Creek Brands, LLC, doing business as Sugar Creek
Sanitizer ("Sugar Creek Sanitizer", “we”, “us”, or “our”), concerning your
access to and use of the http://www.sugarcreeksanitizer.com website as
well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively,
the “Site”). You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive
specific notice of each such change. It is your responsibility to
periodically review these Terms of Use to stay informed of updates. You
will be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this
Site. You may not use the Site in a way that would violate the Gramm-
Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in
these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2)
you will maintain the accuracy of such information and promptly update
such registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Terms of Use; (4) you are
not a minor in the jurisdiction in which you reside; (5) you will not access
the Site through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion
thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on the Site.
However, we do not guarantee that the colors, features, specifications, and
details of the products will be accurate, complete, reliable, current, or free
of other errors, and your electronic display may not accurately reflect the
actual colors and details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We
reserve the right to discontinue any products at any time for any reason.
Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Site. You further
agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in U.S.
dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon
placing your order. We reserve the right to correct any errors or mistakes
in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. 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 customer account, the same
payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
RETURN POLICY
All sales are final and no refund will be issued.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features
of the Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the Content
contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of
abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of
another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse,
or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any
Content.
19. Copy or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script
or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Site.
24. Use the Site in a manner inconsistent with any applicable laws or
regulations.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or
on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through third-party websites. As
such, any Contributions you transmit may be treated in accordance with
the Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not
and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site,
and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against
another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any
third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the
age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site or the Marketplace Offerings in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and the
Marketplace Offerings.
CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms of
the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We
are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site or
the Marketplace Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions
for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for
any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper functioning of
the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://squareup.com/help/us/en/article/3796-privacy-andsecurity.
By using the Site or the Marketplace Offerings, you agree to
be bound by our Privacy Policy, which is incorporated into these Terms
of Use. Please be advised the Site and the Marketplace Offerings are
hosted in the United States. If you access the Site or the Marketplace
Offerings from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data to the United
States, and you expressly consent to have your data transferred to and
processed in the United States.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site or
the Marketplace Offerings at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the
Site or the Marketplace Offerings during any downtime or
discontinuance of the Site or the Marketplace Offerings. Nothing in
these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any
corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace
Offerings are governed by and construed in accordance with the laws
of the State of Indiana applicable to agreements made and to be entirely
performed within the State of Indiana, without regard to its conflict of law
principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Terms of Use (each a "Dispute" and
collectively, the “Disputes”) brought by either you or us (individually, a
“Party” and collectively, the “Parties”), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one
Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of
which are available at the AAA website www.adr.org. Your arbitration
fees and your share of arbitrator compensation shall be governed by
the AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator
must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place
in United States , Indiana. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the state and
federal courts located in United States of America, Indiana, and the
Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. The the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace Offerings,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time, without prior
notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/
OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) use of the Site; (2)
breach of these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Site. You
agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights
or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on
the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you
and us as a result of these Terms of Use or use of the Site. You agree
that these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Sugar Creek Brands, LLC
5789 Park Plaza Court
Indianapolis, IN 46220
United States
Phone: 937-371-2518
sales@sugarcreeksanitizer.com

 

Last updated April 01, 2020
Thank you for choosing to be part of our community at Sugar Creek
Brands, LLC, doing business as Sugar Creek Sanitizer (“Sugar Creek
Sanitizer”, “we”, “us”, or “our”). We are committed to protecting your
personal information and your right to privacy. If you have any questions or
concerns about our notice, or our practices with regards to your personal
information, please contact us at sales@sugarcreeksanitizer.com.
When you visit our website http://www.sugarcreeksanitizer.com, and use
our services, you trust us with your personal information. We take your
privacy very seriously. In this privacy notice, we seek to explain to you in
the clearest way possible what information we collect, how we use it and
what rights you have in relation to it. We hope you take some time to read
through it carefully, as it is important. If there are any terms in this privacy
notice that you do not agree with, please discontinue use of our Sites and
our services.
This privacy notice applies to all information collected through
our website (such as http://www.sugarcreeksanitizer.com), and/or any
related services, sales, marketing or events (we refer to them collectively in
this privacy notice as the "Services").
Please read this privacy notice carefully as it will help you make
informed decisions about sharing your personal information with us.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. HOW LONG DO WE KEEP YOUR INFORMATION?
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
6. DO WE COLLECT INFORMATION FROM MINORS?
7. WHAT ARE YOUR PRIVACY RIGHTS?
8. CONTROLS FOR DO-NOT-TRACK FEATURES
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
10. DO WE MAKE UPDATES TO THIS POLICY?
11. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate
business interests, the fulfillment of our contract with you, compliance with
our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of
business purposes described below. We process your personal information
for these purposes in reliance on our legitimate business interests, in order
to enter into or perform a contract with you, with your consent, and/or for
compliance with our legal obligations. We indicate the specific processing
grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
▪ To facilitate account creation and logon process. If you choose to
link your account with us to a third party account (such as your
Google or Facebook account), we use the information you allowed us
to collect from those third parties to facilitate account creation and
logon process for the performance of the contract.
▪ To send you marketing and promotional communications. We
and/or our third party marketing partners may use the personal
information you send to us for our marketing purposes, if this is in
accordance with your marketing preferences. You can opt-out of our
marketing emails at any time (see the "WHAT ARE YOUR PRIVACY
RIGHTS" below).
▪ Fulfill and manage your orders. We may use your information to
fulfill and manage your orders, payments, returns, and exchanges
made through the Services.
▪ Request Feedback. We may use your information to request
feedback and to contact you about your use of our Services.
▪ To enforce our terms, conditions and policies for Business
Purposes, Legal Reasons and Contractual.
▪ To respond to legal requests and prevent harm. If we receive a
subpoena or other legal request, we may need to inspect the data we
hold to determine how to respond.
▪ To deliver services to the user. We may use your information to
provide you with the requested service.
▪ To respond to user inquiries/offer support to users. We may use
your information to respond to your inquiries and solve any potential
issues you might have with the use of our Services.
3. WILL YOUR INFORMATION BE SHARED WITH
ANYONE?
In Short: We only share information with your consent, to comply with
laws, to provide you with services, to protect your rights, or to fulfill
business obligations.
We may process or share data based on the following legal basis:
▪ Consent: We may process your data if you have given us
specific consent to use your personal information in a specific
purpose.
▪ Legitimate Interests: We may process your data when it is
reasonably necessary to achieve our legitimate business
interests.
▪ Performance of a Contract: Where we have entered into a
contract with you, we may process your personal information to
fulfill the terms of our contract.
▪ Legal Obligations: We may disclose your information where we
are legally required to do so in order to comply with applicable
law, governmental requests, a judicial proceeding, court order, or
legal process, such as in response to a court order or a
subpoena (including in response to public authorities to meet
national security or law enforcement requirements).
▪ Vital Interests: We may disclose your information where we believe
it is necessary to investigate, prevent, or take action regarding
potential violations of our policies, suspected fraud, situations
involving potential threats to the safety of any person and illegal
activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your
personal information in the following situations:
▪ Vendors, Consultants and Other Third-Party Service
Providers. We may share your data with third party vendors, service
providers, contractors or agents who perform services for us or on
our behalf and require access to such information to do that work.
Examples include: payment processing, data analysis, email delivery,
hosting services, customer service and marketing efforts. We may
allow selected third parties to use tracking technology on
the Services, which will enable them to collect data about how you
interact with the Services over time. This information may be used to,
among other things, analyze and track data, determine the popularity
of certain content and better understand online activity. Unless
described in this Policy, we do not share, sell, rent or trade any of
your information with third parties for their promotional purposes.
▪ Business Transfers. We may share or transfer your information in
connection with, or during negotiations of, any merger, sale of
company assets, financing, or acquisition of all or a portion of our
business to another company.
▪ Third-Party Advertisers. We may use third-party advertising
companies to serve ads when you visit the Services. These
companies may use information about your visits to our Website(s)
and other websites that are contained in web cookies and other
tracking technologies in order to provide advertisements about goods
and services of interest to you.
4. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the
purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary
for the purposes set out in this privacy notice, unless a longer retention
period is required or permitted by law (such as tax, accounting or other
legal requirements). No purpose in this policy will require us keeping your
personal information for longer than the period of time in which users have
an account with us.
When we have no ongoing legitimate business need to process your
personal information, we will either delete or anonymize it, or, if this is not
possible (for example, because your personal information has been stored
in backup archives), then we will securely store your personal information
and isolate it from any further processing until deletion is possible.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of
organizational and technical security measures.
We have implemented appropriate technical and organizational security
measures designed to protect the security of any personal information we
process. However, please also remember that we cannot guarantee that
the internet itself is 100% secure. Although we will do our best to protect
your personal information, transmission of personal information to and from
our Services is at your own risk. You should only access the services within
a secure environment.
6. DO WE COLLECT INFORMATION FROM
MINORS?
In Short: We do not knowingly collect data from or market to children
under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years
of age. By using the Services, you represent that you are at least 18 or that
you are the parent or guardian of such a minor and consent to such minor
dependent’s use of the Services. If we learn that personal information from
users less than 18 years of age has been collected, we will deactivate the
account and take reasonable measures to promptly delete such data from
our records. If you become aware of any data we have collected from
children under age 18, please contact us
at sales@sugarcreeksanitizer.com.
7. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are resident in the European Economic Area and you believe we are
unlawfully processing your personal information, you also have the right to
complain to your local data protection supervisory authority. You can find
their contact details here: http://ec.europa.eu/justice/data-protection/bodies/
authorities/index_en.htm.
If you have questions or comments about your privacy rights, you may
email us at sales@sugarcreeksanitizer.com.
Account Information
If you would at any time like to review or change the information in your
account or terminate your account, you can:
■ Log into your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete
your account and information from our active databases. However, some
information may be retained in our files to prevent fraud, troubleshoot
problems, assist with any investigations, enforce our Terms of Use and/or
comply with legal requirements.
Opting out of email marketing: You can unsubscribe from our marketing
email list at any time by clicking on the unsubscribe link in the emails that
we send or by contacting us using the details provided below. You will then
be removed from the marketing email list – however, we will still need to
send you service-related emails that are necessary for the administration
and use of your account. To otherwise opt-out, you may:
■ Contact us using the contact information provided.
■ Access your account settings and update preferences.
■ Note your preferences when you register an account with the site.
8. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile
applications include a Do-Not-Track (“DNT”) feature or setting you can
activate to signal your privacy preference not to have data about your
online browsing activities monitored and collected. No uniform technology
standard for recognizing and implementing DNT signals has been finalized.
As such, we do not currently respond to DNT browser signals or any other
mechanism that automatically communicates your choice not to be tracked
online. If a standard for online tracking is adopted that we must follow in the
future, we will inform you about that practice in a revised version of
this privacy notice.
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC
PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific
rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light”
law, permits our users who are California residents to request and obtain
from us, once a year and free of charge, information about categories of
personal information (if any) we disclosed to third parties for direct
marketing purposes and the names and addresses of all third parties with
which we shared personal information in the immediately preceding
calendar year. If you are a California resident and would like to make such
a request, please submit your request in writing to us using the contact
information provided below.
If you are under 18 years of age, reside in California, and have a registered
account with the Services, you have the right to request removal of
unwanted data that you publicly post on the Services. To request removal
of such data, please contact us using the contact information provided
below, and include the email address associated with your account and a
statement that you reside in California. We will make sure the data is not
publicly displayed on the Services, but please be aware that the data may
not be completely or comprehensively removed from our systems.
10. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant
with relevant laws.
We may update this privacy notice from time to time. The updated version
will be indicated by an updated “Revised” date and the updated version will
be effective as soon as it is accessible. If we make material changes to
this privacy notice, we may notify you either by prominently posting a notice
of such changes or by directly sending you a notification. We encourage
you to review this privacy notice frequently to be informed of how we are
protecting your information.
11. HOW CAN YOU CONTACT US ABOUT THIS
POLICY?
If you have questions or comments about this policy, you may email us
at sales@sugarcreeksanitizer.com or by post to:
Sugar Creek Brands, LLC
5789 Park Plaza Court
Indianapolis, IN 46220
United States
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE
DATA WE COLLECT FROM YOU?
Based on the laws of some countries, you may have the right to request
access to the personal information we collect from you, change that
information, or delete it in some circumstances. To request to review,
update, or delete your personal information, please submit a request form
by clicking here. We will respond to your request within 30 days.