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Terms and Conditions

   

Terms of service

 

Updated: These terms updated as of March 2, 2025


SMALL BATCH HOSPITALITY, LLC.  ("we", "us",  or "our") makes available the content and the purchasing of its products  through its website www.mycookiedealer.com (the "Site") subject to the  following terms and conditions, our Privacy Policy,  which is available on our Site, and other terms and conditions which  may be located on our Site and/or in connection with certain  functionality, features or promotions (collectively referred to and  incorporated with these terms and conditions as, the "Terms"). You must  be 18 years old or the age of majority in your jurisdiction in order to  make a purchase on our Site. If you are under 13 years old, you may  browse our Site. However, you may not provide personal information to  us, make a purchase on the Site or register on the Site. By accessing or  using the Site, you are acknowledging that you have read, understand,  and agree, without limitation or qualification, to be bound by these  Terms.


IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.


Products are for Personal Use Only.

The products available on the Site, and any samples provided,  are for personal use only. You may not sell or resell any of the  products, or samples, you purchase or otherwise receive from us. We  reserve the right, with or without notice, to cancel or reduce the  quantity of any order, in our sole and exclusive discretion, that we  believe may result in the violation of our Terms.

Purchase Related Policies and Procedures.

To view policies and procedures related to orders placed  through this Site, such as order processing, shipping and handling and  returns and exchanges, please click on Shipping and Returns tab.

Accuracy of Information.

We attempt to be as accurate as possible when describing our  products on the Site; however, we do not warrant that the product  descriptions, colors, information or other content available on the Site  are accurate, complete, reliable, current, or error-free. This Site may  contain typographical errors or inaccuracies and may not be complete or  current. We therefore reserve the right to correct any errors,  inaccuracies or omissions (including after an order has been submitted)  and to change or update information at any time without prior notice.  Please note that such errors, inaccuracies or omissions may relate to  pricing and availability, and we reserve the right to cancel or refuse  to accept any order placed based on incorrect pricing or availability  information. We apologize for any inconvenience.

Limited Licenses; Use Restrictions.

We grant you a limited, revocable, non-transferable, and  non-exclusive license to access and make personal use of the Site. You  understand and agree that you will not do or attempt to do or cause any  third party to do or attempt to do any of the following in connection  with your use of the Site:

  1. frame or utilize framing techniques to enclose the Site or any portion thereof;
  2. use any meta tags, "hidden text", robots, spiders, crawlers,  or other tools, whether manual or automated, to collect, scrape, index,  mine, republish, redistribute, transmit, sell, license or download the  Site, Content (except caching or as necessary to view the Site), or the  personal information of others without our prior written permission or  authorization;
  3. make any use of the Site or any Content other than for personal use;
  4. modify, reverse engineer or create any derivative works based upon the Site or any Content;
  5. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  6. "stalk" or otherwise harass including advocating harassment of another in any way;
  7. violate any applicable local, state, national or international law;
  8. transmit, upload, post, e-mail, share, distribute, reproduce,  or otherwise make available any software viruses, malware, program,  code, file, or other material intended to interrupt, disrupt, alter,  destroy, or limit any part of the Site; and/or
  9. engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, or any form of “spam."

We grant you a limited, revocable, non-transferable, and  non-exclusive license to create a hyperlink to the home page of the  Site. A website that links to the Site (i) may link to, but not  replicate, any and/or all of our Content; (ii) may not imply that we are  endorsing such website or its services or products; (iii) may not  misrepresent its relationship with us; (iv) may not contain content that  could be construed as distasteful, obscene, offensive controversial or  illegal or inappropriate for any ages (as determined in our sole  discretion); (v) may not portray us or our products or services in a  false, misleading, derogatory, or otherwise offensive or objectionable  manner, or associate us with undesirable products, services, or  opinions; and/or (vi) may not link to any page of the Site other than  the home page. We may, in our sole discretion, request that you remove  any link to the Site, and upon receipt of such request, you shall  immediately remove such link and cease any linking unless separately and  expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of  our Content automatically terminates the limited licenses set forth in  these Terms without prejudice to any other remedy provided by applicable  law or these Terms.

Your Obligations and Responsibilities.

By accessing or using the Site or any Content, you agree that  you will comply with these Terms and any warnings, notices or  instructions on the Site. You agree that when accessing or using the  Site or any Content, you will act in accordance with the law, custom and  in good faith. You may not make any change or alteration to the Site or  any Content or services that may appear on this Site and may not impair  in any way the integrity or operation of the Site. Without limiting the  generality of any other provision of these Terms, if you default  negligently or willfully in any of the obligations set forth in these  Terms, you shall be liable for all the losses and damages that this may  cause to us, our affiliates, partners or licensors.

Your Account.

Subject to the age restrictions outlined above, you may view  and use many features of the Site without registering, including making  purchases, but in order to access and use some parts of the Site, you  may need to register an account with us. If applicable, You are  responsible for maintaining the confidentiality of your account,  username and password and for restricting access to your computer,  mobile or other device. If there has been an unauthorized use of your  password or account, please notify us immediately. You are responsible  for providing and maintaining current, complete, accurate and truthful  information on your account. You agree to accept responsibility for all  activities that occur with your permission or authorization under your  account, username and/or password, or because you fail to maintain  sufficient security over your account, username and/or password. If you  are accessing and using the Site on someone else's behalf, you represent  that you have the authority to bind that person as the principal to all  Terms provided herein, and to the extent you do not have such authority  you agree to be bound to these Terms and to accept liability for harm  caused by any wrongful use of the Site or Content resulting from such  access or use. You may cancel your online account with us at any time.  We reserve the right to refuse service and/or terminate accounts without  prior notice if these Terms are violated or if we decide that it would  be in our best interest to do so.

Third Party Links.

We are not responsible for the content of any third party sites  even if they are linked to or from the Site. Links appearing on the  Site are for convenience only and are not an endorsement by us, our  affiliates or partners of the referenced content, product, service, or  supplier. Your use and access of these third party websites is at your  own risk. We are in no way responsible for examining or evaluating, and  we do not warrant the offerings of the third party websites or any other  websites linked to or from the Site, nor do we assume any  responsibility or liability for the actions, content, products, or  services of such websites, including without limitation, their privacy  policies and terms and conditions. You should carefully review the  privacy policies and terms and conditions of the third party websites  you visit.

Special Features, Functionality and Events.

The Site may offer certain special features and functionality  or events (such as contests, sweepstakes or other offerings) which may  (a) be subject to terms of use, rules and/or policies in addition to or  in lieu of these Terms; and (b) be offered by us or by third parties. If  you choose to take advantage of these offerings, you agree that your  use of those offerings will be subject to such additional or separate  terms of use, rules and/or policies.

Intellectual Property.

All information and content available on the Site and its look  and feel, including but not limited to trademarks, logos, service marks,  features, functions, text, graphics, logos, button icons, images, audio  clips, data compilations and software, and the compilation and  organization thereof (collectively, the "Content") is our property or  the property of our affiliates, partners or licensors, and is protected  by United States and international laws, including laws governing  copyrights and trademarks. Except as set forth in these Terms, or as  required under applicable law, neither the Content nor any portion of  the Site may be used, reproduced, duplicated, copied, sold, resold,  accessed, modified, or otherwise exploited, in whole or in part, for any  purpose without our express, prior written consent.

User Content.

When you transmit, upload, post, e-mail, share, distribute,  reproduce or otherwise make available suggestions, ideas, inquiries,  feedback, data, text, software, music, sound, photographs, graphics,  images, videos, messages or other materials on this Site or on any of  our third party social media platforms such as Facebook, Instagram or  other social media pages where we promote our products and services, in  any manner (“User Content”), you are entirely responsible for such User  Content. You hereby grant to us a perpetual, worldwide, irrevocable,  unrestricted, non-exclusive, royalty-free license to use, copy, license,  sublicense, adapt, distribute, display, publicly perform, reproduce,  transmit, modify, edit, and otherwise exploit such User Content  throughout the world, in all media now known or hereafter developed, for  any purpose whatsoever, including without limitation, developing,  manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the  rights to your User Content. You agree not to engage in or assist or  encourage others to engage in transmitting, uploading, posting,  e-mailing, sharing, distributing, reproducing, or otherwise making  available User Content that (a) is unlawful, harmful, threatening,  abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic,  libelous, invasive of another's privacy, hateful, or racially,  ethnically or otherwise objectionable; (b) you do not have a right to  make available under any law or under contractual or fiduciary  relationships; (c) is known by you to be false, fraudulent, inaccurate  or misleading; (d) you were compensated for or granted any consideration  by any third party; or (e) infringes any patent, trademark, trade  secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User  Content, nor do we assume any responsibility or liability for the User  Content. We do not endorse or control the User Content transmitted or  posted on the Site and therefore, we do not guarantee the accuracy,  integrity or quality of User Content. You understand that by using the  Site, you may be exposed to User Content that is offensive, indecent or  objectionable to you. Under no circumstances will we be liable in any  way for any User Content, including without limitation, for any errors  or omissions in any User Content, or for any loss or damage of any kind  incurred by you as a result of the use of any User Content transmitted,  uploaded, posted, e-mailed or otherwise made available via the Site. You  hereby waive all rights to any claims against us for any alleged or  actual infringements of any proprietary rights, rights of privacy and  publicity, moral rights, and rights of attribution in connection with  User Content.

You acknowledge that we have the right (but not the obligation)  in our sole and exclusive discretion to refuse to post or remove any  User Content and we reserve the right to change, condense, or delete any  User Content. Without limiting the generality of the foregoing or any  other provision of these Terms, we have the right to remove any User  Content that violates these Terms or is otherwise objectionable and we  reserve the right to refuse service and/or terminate accounts without  prior notice for any users who violate these Terms or infringe the  rights of others.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

SMALL BATCH HOSPITALITY, LLC (hereinafter, “We,” “Us,” “Our”)  is offering a mobile messaging program (the “Program”), which you agree  to use and participate in subject to these Mobile Messaging Terms and  Conditions and Privacy Policy.  By  opting in to or participating in any of our Programs, you accept and  agree to these terms and conditions, including, without limitation, your  agreement to resolve any disputes with us through binding,  individual-only arbitration, as detailed in the “Dispute Resolution”  section below. This Agreement is limited to the Program and is not  intended to modify other Terms and Conditions or Privacy Policy that may  govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile  messages by affirmatively opting into the Program, such as through  online or application-based enrollment forms. Regardless of the opt-in  method you utilized to join the Program, you agree that this Agreement  applies to your participation in the Program. By participating in the  Program, you agree to receive autodialed or prerecorded marketing mobile  messages at the phone number associated with your opt-in, and you  understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the  foregoing shall not be interpreted to suggest or imply that any or all  of Our mobile messages are sent using an automatic telephone dialing  system (“ATDS” or “autodialer”). Message and data rates may apply.  Message frequency varies.

User Opt Out: If you do not wish to continue participating in  the Program or no longer agree to this Agreement, you agree to reply  STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in  order to opt out of the Program. You may receive an additional mobile  message confirming your decision to opt out. You understand and agree  that the foregoing options are the only reasonable methods of opting  out. You also understand and agree that any other method of opting out,  including, but not limited to, texting words other than those set forth  above or verbally requesting one of our employees to remove you from our  list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program,  users that opt into the Program can expect to receive messages  concerning the marketing and sale of Cookies and Messages may include  checkout reminders.

Cost and Frequency: Message and data rates may apply. Message  frequency varies. The Program involves recurring mobile messages, and  additional mobile messages may be sent periodically based on your  interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@thasweetspot.com .  Please note that the use of this email address is not an acceptable  method of opting out of the program. Opt outs must be submitted in  accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages you’re your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an  "as-is" basis and may not be available in all areas at all times and may  not continue to work in the event of product, software, coverage or  other changes made by your wireless carrier. We will not be liable for  any delays or failures in the receipt of any mobile messages connected  with this Program. Delivery of mobile messages is subject to effective  transmission from your wireless service provider/network operator and is  outside of Our control. Carriers are not liable for delayed or  undelivered mobile messages.

Participant Requirements: You must have a wireless device of  your own, capable of two-way messaging, be using a participating  wireless carrier, and be a wireless service subscriber with text  messaging service. Not all cellular phone providers carry the necessary  service to participate. Check your phone capabilities for specific text  messaging instructions.

Age Restriction: You may not use or engage with the Platform if  you are under thirteen (13) years of age. If you use or engage with the  Platform and are between the ages of thirteen (13) and eighteen (18)  years of age, you must have your parent’s or legal guardian’s permission  to do so. By using or engaging with the Platform, you acknowledge and  agree that you are not under the age of thirteen (13) years, are between  the ages of thirteen (13) and eighteen (18) and have your parent’s or  legal guardian’s permission to use or engage with the Platform, or are  of adult age in your jurisdiction. By using or engaging with the  Platform, you also acknowledge and agree that you are permitted by your  jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity,  lasciviousness, violence, bigotry, hatred, and discrimination on the  basis of race, sex, religion, nationality, disability, sexual  orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health  information that is protected by the Health Insurance Portability and  Accountability Act (“HIPAA”) or the Health Information Technology for  Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute,  claim, or controversy between you and Us, arising out of or relating to  federal or state statutory claims, common law claims, this Agreement, or  the breach, termination, enforcement, interpretation or validity  thereof, including the determination of the scope or applicability of  this agreement to arbitrate, such dispute, claim, or controversy will  be, to the fullest extent permitted by law, determined by arbitration in  MIAMI-DADE COUNTY, FLORIDA before one arbitrator.

The parties agree to submit the dispute to binding arbitration  in accordance with the Commercial Arbitration Rules of the American  Arbitration Association (“AAA”) then in effect. Except as otherwise  provided herein, the arbitrator shall apply the substantive laws of the  Federal Judicial Circuit in which SMALL BATCH HOSPITALITY, LLC’s  principle place of business is located, without regard to its conflict  of laws rules. Within ten (10) calendar days after the arbitration  demand is served upon a party, the parties must jointly select an  arbitrator with at least five years’ experience in that capacity and who  has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar  days, a party may petition the AAA to appoint an arbitrator, who must  satisfy the same experience requirement. In the event of a dispute, the  arbitrator shall decide the enforceability and interpretation of this  arbitration agreement in accordance with the Federal Arbitration Act  (“FAA”). The parties also agree that the AAA’s rules governing Emergency  Measures of Protection shall apply in lieu of seeking emergency  injunctive relief from a court. The decision of the arbitrator shall be  final and binding, and no party shall have rights of appeal except for  those provided in section 10 of the FAA. Each party shall bear its share  of the fees paid for the arbitrator and the administration of the  arbitration; however, the arbitrator shall have the power to order one  party to pay all or any portion of such fees as part of a well-reasoned  decision. The parties agree that the arbitrator shall have the authority  to award attorneys’ fees only to the extent expressly authorized by  statute or contract. The arbitrator shall have no authority to award  punitive damages and each party hereby waives any right to seek or  recover punitive damages with respect to any dispute resolved by  arbitration. The parties agree to arbitrate solely on an individual  basis, and this agreement does not permit class arbitration or any  claims brought as a plaintiff or class member in any class or  representative arbitration proceeding. Except as may be required by law,  neither a party nor the arbitrator may disclose the existence, content,  or results of any arbitration without the prior written consent of both  parties, unless to protect or pursue a legal right. If any term or  provision of this Section is invalid, illegal, or unenforceable in any  jurisdiction, such invalidity, illegality, or unenforceability shall not  affect any other term or provision of this Section or invalidate or  render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in  arbitration, the parties hereby waive any right to a jury trial. This  arbitration provision shall survive any cancellation or termination of  your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have  all necessary rights, power, and authority to agree to these Terms and  perform your obligations hereunder, and nothing contained in this  Agreement or in the performance of such obligations will place you in  breach of any other contract or obligation. The failure of either party  to exercise in any respect any right provided for herein will not be  deemed a waiver of any further rights hereunder. If any provision of  this Agreement is found to be unenforceable or invalid, that provision  will be limited or eliminated to the minimum extent necessary so that  this Agreement will otherwise remain in full force and effect and  enforceable. Any new features, changes, updates or improvements of the  Program shall be subject to this Agreement unless explicitly stated  otherwise in writing. We reserve the right to change this Agreement from  time to time. Any updates to this Agreement shall be communicated to  you. You acknowledge your responsibility to review this Agreement from  time to time and to be aware of any such changes. By continuing to  participate in the Program after any such changes, you accept this  Agreement, as modified.

CALIFORNIA CIVIL CODE SECTION 1798.83 PERMITS USERS OF THE  PROGRAM THAT ARE CALIFORNIA RESIDENTS TO REQUEST CERTAIN INFORMATION  REGARDING OUR DISCLOSURE OF THE INFORMATION YOU PROVIDE THROUGH THE  PROGRAM TO THIRD PARTIES FOR THEIR DIRECT MARKETING PURPOSES. TO MAKE  SUCH A REQUEST, PLEASE CONTACT US AT THE FOLLOWING ADDRESS:

Small Batch Hospitality, LLC 

OR 

info@thasweetspot.com 

Deletion of User Content.

If you wish to delete certain of your public User Content on the Site, please contact us by email at info@thasweetspot.com   and include the following information in your deletion request: first  name, last name, user name/screen name (if applicable), email address  associated with our website, your reason for deleting the posting, and  date(s) of posting(s) you wish to delete (if you have it). We may not be  able to process your deletion request if you are unable to provide such  information to us. Please allow up to 10 business days to process your  deletion request.

Copyright Infringement Notices.

We are committed to complying with U.S. copyright and related  laws, and require all users of this website to comply with these laws.  Accordingly, you may not use this website to store any material or  content, or disseminate any material or content, in any manner that  constitutes an infringement of third party intellectual property rights,  including rights granted by U.S. copyright law.

If you are the owner of any copyrighted work and believe your  rights under U.S. copyright law have been infringed by any material on  this website, you may take advantage of certain provisions of the  Digital Millennium Copyright Act (the "DMCA") by sending our authorized  agent a notification of claimed infringement that satisfies the  requirements of the DMCA. Upon our receipt of a satisfactory notice of  claimed infringement, we will respond expeditiously either directly or  indirectly: (i) to remove the allegedly infringing work(s) accessible  through this website; or (ii) to disable access to the work(s). It is  our policy in accordance with the DMCA and other applicable laws to  reserve the right to terminate access to this website for any user who  is either found to infringe third party copyright or other intellectual  property rights, including repeat infringers, or who we, in our sole  discretion, believe is infringing these rights. We may terminate access  to this website at any time with or without notice for any affected  customer or user. If the affected user believes in good faith that the  allegedly infringing works have been removed or blocked by mistake or  misidentification, then that person may send a counter notification to  us. Upon our receipt of a counter notification that satisfies the  requirements of DMCA, we will provide a copy of the counter notification  to the person who sent the original notification of claimed  infringement and will follow the DMCA's procedures with respect to a  received counter notification. In all events, you expressly agree that  we will not be a party to any disputes or lawsuits regarding alleged  copyright infringement.

Copyright owners may send us a notification of claimed infringement to report alleged infringements of their works to info@thasweetspot.com 

Attn: DMCA Agent

5765 NW Lynn Ct

Port St. Lucie, Florida 34986

Any notification of claimed infringement must be in a form that  satisfies the requirements of Section 512(c)(3) of the U.S. Copyright  Act. Under the DMCA, anyone who knowingly makes misrepresentations  regarding alleged copyright infringement may be liable to us, the  alleged infringer, and the affected copyright owner for any damages  incurred in connection with the removal, blocking, or replacement of  allegedly infringing material.

If a notification of claimed infringement has been filed  against you, you can file a counter notification with our designated  agent using the contact information shown above. All counter  notifications must satisfy the requirements of Section 512(g)(3) of the  U.S. Copyright Act.

Disclaimer of Warranties; Limitation of Liability.

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE  MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR  IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE  OR ITS CONTENTS OR SERVICES.

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT,  WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF  BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C)  DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER  MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF  DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E)  COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN  CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR  FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT  OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,  INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST  PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR  MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS  ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN  TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF  THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN  ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION  AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF  THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY,  OR RESPONSIBILITY TO YOU.

Indemnification.

You agree to defend, indemnify and hold us, our affiliates,  partners, licensors, officers, directors, employees, and agents (the  "Indemnified Parties") harmless for any loss, damages or costs,  including reasonable attorneys' fees, resulting from any third party  claim, action, or demand arising from (i) your use of the Sites or the  Site Content in violation of any law, rule, regulation or these Terms,  or (ii) any part of your User Content. You also agree to indemnify the  Indemnified Parties for any loss, damages, or costs, including  reasonable attorneys' fees, resulting from your use of software robots,  spiders, crawlers, or similar data gathering and extraction tools, or  any other action you take that imposes an unreasonable burden or load on  our infrastructure.

Disputes.

With respect to any dispute, claim, or controversy regarding  the Site, all rights and obligations and all actions contemplated by  these Terms shall be governed by the laws of Florida, as if the Terms  were a contract wholly entered into and wholly performed within Florida.  Any dispute relating in any way to your visit to the Site, these Site  Terms, shall be submitted to confidential arbitration in Miami-Dade  County, Florida and you agree to submit yourself to the jurisdiction and  proceedings thereof. ARBITRATION MEANS THAT AN ARBITRATOR(S)  WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT  OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PRE-HEARING  EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It  is further agreed that any dispute over the scope of this arbitration  provision and any dispute as to whether a claim is arbitrable shall be  submitted to the arbitrator for decision.

You agree that any arbitration or proceeding shall be limited  to the dispute between us and you individually, and (i) no arbitration  or proceeding shall be joined with any other; (ii) there is no right or  authority for any dispute to be arbitrated or resolved on a class  action-basis or to utilize class action procedures; and (iii) 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. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY  IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN  ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, to the extent you have in any  manner violated or threatened to violate our intellectual property  rights or the intellectual property rights of our affiliates, partners  or licensors or otherwise have a cause of action in equity, we may seek  injunctive or other appropriate relief in any court of competent  jurisdiction and you consent to jurisdiction and venue in any such court  for such purposes. Arbitration under these Terms shall be conducted  under the Consumer-Related Disputes Supplementary Rules then prevailing  with the American Arbitration Association. The arbitrator's award shall  be binding and may be entered as a judgment in any court of competent  jurisdiction.

Consent to Receive Notices Electronically by Posting on the Site and Via Email.

You consent to receive any agreements, notices, disclosures and  other communications (collectively, "Notices") to which these Terms  refer from us electronically including without limitation by e-mail or  by posting notices on this Site. You agree that all Notices that we  provide to you electronically satisfy any legal requirements that such  communications be in writing. To withdraw your consent to receive  Notices electronically, you must notify us of your withdrawal of such  consent by emailing us at info@thasweetspot.com   and discontinue your use of this Site. In such event, all rights  granted to you pursuant to these Terms, including but not limited to  Section 6 hereof, shall automatically terminate. Unfortunately, we  cannot provide the benefits of this Site to any user that cannot consent  to receipt of Notices electronically. Please note that this consent to  receive Notices is entirely separate from any election you may make with  respect to receipt of marketing communications. Your options with  respect to receipt of marketing communications are set forth in our  Privacy Policy.

General.

You acknowledge and agree that these Terms constitute the  complete and exclusive agreement between us concerning your use of the  Site, and supersede and govern all prior proposals, agreements, or other  communications. We reserve the right, in our sole discretion, to change  these Terms at any time by posting the changes on the Site and  providing notice of such change. Any changes are effective immediately  upon posting to the Site. The Effective Date of the current version of  the Terms is at the top of this page. Your continued use of the Site  thereafter constitutes your agreement to all such changed Terms. We may,  with or without prior notice, terminate any of the rights granted by  these Terms. You shall comply immediately with any termination or other  notice, including, as applicable, by ceasing all use of the Site.  Nothing contained in these Terms shall be construed as creating any  agency, partnership, or other form of joint enterprise between us. Our  failure to require your performance of any provision hereof shall not  affect our full right to require such performance at any time  thereafter, nor shall our waiver of a breach of any provision hereof be  taken or held to be a waiver of the provision itself. In the event that  any provision of these Terms shall be unenforceable or invalid under any  applicable law or be so held by any applicable arbitral award or court  decision, such unenforceability or invalidity shall not render these  Terms unenforceable or invalid as a whole but these Terms shall be  modified, to the extent possible, by the adjudicating entity to most  fully reflect the original intent of the parties as reflected in the  original provision. The headings in the Terms are for convenience only  and shall not be used in its interpretation.

If you have any questions regarding these Terms, please email us at:

info@smallbatchhospo.com

 

            

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