Sugarlock

Terms of Use

Last Updated: May 12, 2017

Welcome to Sugarlock! These Terms of Use (“Terms”) apply to your access to and use of the websites, mobile applications, hardware products (including their internal software), and online services (collectively, the “Services”) of Sugarlock, Inc. and our subsidiaries and affiliates (collectively, “Sugarlock”, “we”, “us” or “our”) and your purchase of products and services from us, unless we provide you with different terms. By accessing or using the Services or making a purchase from us, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 22, do not access or use the Services or purchase products or services from us.

If you have any questions, comments or concerns about these Terms, please contact us at info@sugarlock.com.

1 Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

2 Eligibility

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

3 Registration and Accounts

In order to access and use certain areas or features of the Services, including to make any purchases through our mobile applications, you will need to register for an account. When registering as a member, you agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information as necessary; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) notify us immediately if you discover or otherwise suspect any security breaches related to the Services or your account. If you do not register for an account, you may make purchases as a guest on our website.

4 Terms of Sale

These Terms govern the purchase and sale of products and services from and by Sugarlock through the Services.

4.1 Pricing and Availability

All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services without notice, even if you have already placed your order. All prices are subject to change without prior notice.

4.2 Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. In the event that you want to change or update payment information associated with your online account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

4.3 Cancelling or Changing an Order

Orders of our hardware products may only be cancelled prior to shipping.

4.4 Taxes

We are required to collect applicable sales or use tax on products shipped to states where we have a physical presence. In some states where we have a physical presence, we are also required to collect sales or use tax on certain services. We are not required to collect and do not collect sales or use tax on products shipped to states where we do not have physical presence. You may owe use tax on products shipped to states where we do not collect sales or use tax. Please consult your state and local taxing authorities to determine any use tax obligations. If we are required to collect sales or use tax, you agree that the amount of tax shown at checkout may be adjusted to reflect the actual sales or use tax applicable to your purchase. Several factors may cause adjustments to the sales or use tax, such as variances between processor programs and changes in tax rates.

4.5 Errors

We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all product and service descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, at a physical retail location, in an order confirmation or in processing an order or delivering a product or service, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

4.6 Shipping and Handling

We only ship to addresses in the mainland United States, Alaska, and Hawaii

You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you purchase a product from us, any shipping times we provide are estimates only and actual delivery dates may vary.

4.7 Damaged or Missing Products

Upon receipt of your order, please inspect your package. If you receive a defective or damaged product, Sugarlock will replace the product or issue a refund (including shipping charges) at no cost to you, simply contact us at orders@sugarlock.com within 48 hours of receiving the damaged or defective product.

In the event that you observe significant damage to the product’s outer packaging, please reject the shipment and have the carrier return it. If there is minor damage to the packaging, please indicate this when you sign for the shipment.

Please note that some products are shipped directly from the manufacturer, and others are shipped to our warehouse first for repackaging. You will be sent confirmation email with instructions for tracking the status of your order.

4.8 Returns and Refunds

We accept returns and issue refunds for certain products that are returned to us in an unused and re-saleable condition within 14 days of receipt. Note that some products are not eligible for return. You can find out if a product is eligible for return by reviewing the product description on the Services, your order confirmation email or the order details page of your order. Products marked “final sale” are not eligible for return.

In the event that we issue a refund, we will credit the payment method you used to purchase the product, but note that we will not refund the original shipping fees and that return shipping will be deducted from your credit, unless the refund was due to a damaged or defective product covered by Section 4.7.

5 License to Access and Use Our Services and Materials

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, but not limited to, logos, designs, text, graphics, photos, videos, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Materials”), are the proprietary property of Sugarlock or our licensors and are protected by U.S. and international copyright and trademark laws.

You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Materials for your own personal use. Unless expressly permiited, you agree not to: (a) sell, resell or commercially use the Services or Materials; (b) distribute, reproduce, publicly perform or publicly display any Materials; (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download any portion of the Services or Materials, except as needed to use the Services as contemplated by the Terms; (f) use the Services or Materials other than for their intended purposes; (g) decompile, reverse engineer, disassemble or otherwise reduce the Services and the technology underlying the Services to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law and, in that case, only if you notify us in writing in advance; (h) copy, frameset, enclose or otherwise distribute any part of the Services; (i) introduce or attempt to introduce any software code into Services or (j) display any Materials in connection with any obscene, explicit, indecent or infringing materials or information. Any use of the Services or Materials other than as specifically authorized by the Terms, without our prior written permission, is strictly prohibited and will terminate the license granted by the Terms. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Sugarlock or any third party, whether by estoppel, implication or otherwise.

6 Copyright Complaints; Repeat Infringer Policy

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Sugarlock’s Designated Agent as follows:

Designated Agent: Andy Martinez
Address of Designated Agent: 481 N. Santa Cruz Ave #270, Los Gatos, CA 95030
Email Address of Designated Agent: info@sugarlock.com
Phone number of Designated Agent: 1-408-412-9361

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Sugarlock for certain costs and damages.

7 Trademarks

“Sugarlock,” the Sugarlock logo and any other Sugarlock product or service names, logos or slogans that may appear on the Services or products are trademarks of Sugarlock and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Sugarlock” or any other name, trademark or product or service name of Sugarlock without our prior written permission. In addition, the look and feel of the Services and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Sugarlock and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Sugarlock.

8 Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Sugarlock or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Sugarlock logo or other proprietary graphic of Sugarlock to link to the Services without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any Sugarlock trademark, logo or other proprietary information, including the images found on the Services or products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our prior written consent.

Sugarlock makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.

9 Third-Party Content

We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation,regarding its accuracy or completeness.

You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, that third parties are solely responsible for Third-Party Content, and that Sugarlock is not responsible or liable in any manner for such interactions or Third-Party Content, including for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of such content.

10 User Conduct

You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services or any third-party platforms where we have an official presence (such as Facebook, Twitter, Instagram, Pinterest and YouTube). You agree that you will abide by these Terms and will not:

11 User Content

The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, text, photos, videos, graphics, code, items or other materials (collectively, “User Content”). In the event that you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services.

By using the interactive features and areas of the Services or any third-party platforms on which we have an official presence, you further agree not to create, post, share or store any of the following:

We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third-party platforms, you hereby grant Sugarlock and its affiliates a nonexclusive, royalty-free, worldwide, perpetual, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in all media formats and channels now known or later developed without compensation to you in order to provide, promote, and enhance the Services.

By uploading, posting or submitting User Content through the Services or through our pages or feeds on third-party platforms, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content; (c) you authorize Sugarlock to use such User Content for the purposes described in these Terms; (d) the User Content is accurate and not misleading or harmful in any manner; and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.

12 Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials and other information about Sugarlock, the Services and our products and services (collectively, “Feedback”) to us. Feedback is non-confidential and will become the sole property of Sugarlock. Sugarlock shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, hold harmless and defend Sugarlock and our respective officers, directors, employees, agents, partners, contractors, vendors, manufacturers, distributors and representatives (collectively, the “Sugarlock Parties”) from and against all claims, damages, losses, liabilities, costs and expenses, including, but not limited to, attorneys’ fees, that are caused by, arise out of or are related to (a) your use or misuse of the Services or Materials; (b) your purchase or use of any products or services in a manner that is illegal or tortious or that violates the rights of another or constitutes a misuse of the products or services; (c) any User Content or Feedback you provide; (d) your breach of these Terms; or (e) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Sugarlock reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms and your use of the Services, products or services you purchase from us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sugarlock.

14 Disclaimers

THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; OR (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

SUGARLOCK PROVIDES NO WARRANTY FOR PRODUCTS OR SERVICES YOU PURCHASE FROM US. ALL PRODUCTS AND SERVICES ARE SOLD BY SUGARLOCK “AS IS” AND “WITH ALL FAULTS” AND WE DISCLAIM ALL IMPLIED WARRANTIES FOR PRODUCTS AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. MANUFACTURERS OF PRODUCTS SOLD BY SUGARLOCK MAY PROVIDE THEIR OWN WARRANTIES AND YOU AGREE THAT YOUR REMEDY FOR ANY DEFECTS IN THE PRODUCTS YOU PURCHASE AND USE WILL BE BASED SOLELY ON THE WARRANTIES, IF ANY, PROVIDED BY THOSE MANUFACTURERS. IN THE EVENT THE MANUFACTURER OF THE PRODUCT DOES NOT PROVIDE A WARRANTY, YOU, AS THE BUYER, BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH PRODUCT, AND YOU, NOT SUGARLOCK, ASSUME THE ENTIRE COST OF ANY NECESSARY REPLACEMENT OR REPAIR.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

15 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUGARLOCK OR THE SUGARLOCK PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES OR MATERIALS OR ANY PRODUCTS OR SERVICES PURCHASED FROM US (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED BY SUGARLOCK, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SUGARLOCK’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SUGARLOCK OR THE SUGARLOCK PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICES AND MATERIALS OR ANY PRODUCTS OR SERVICES PURCHASED FROM US EXCEED THE AMOUNT YOU PAID TO SUGARLOCK IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY OR, IF YOU HAVE NOT PAID, $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16 Release

To the fullest extent permitted by applicable law, you release Sugarlock and the other Sugarlock Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

17 Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

18 Modifications

We reserve the right to change any and all Materials and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time, without notice and without obligation or liability to you. You acknowledge that temporary interruptions in the availability of the Services may occur from time to time as normal events. Under no circumstances will Sugarlock or our suppliers be held liable for any damages due to such interruptions or lack of availability.

19 Changes to These Terms

We reserve the right to change or revise these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. Unless we say otherwise in our notice, by continuing to access or use the Services or purchase products or services from us following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop accessing and using our Services. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase products or services from us.

20 Termination

We reserve the right to terminate your right to access and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

21 Notice to California Residents

Pursuant to California Civil Code Section 1789.3, Sugarlock provides users of the Services with the following notice: You may report complaints to the Complaint Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

22 Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Sugarlock and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Sugarlock seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Sugarlock seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Sugarlock waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Mateo County, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Sugarlock agree that any dispute arising out of or related to these Terms or our Services is personal to you and Sugarlock and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Sugarlock agree that these Terms affect interstate commerce and that the enforceability of this Section 22 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may Only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. you and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Sugarlock agree that the state or federal courts of the State of California and the United States sitting in San Mateo County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND SUGARLOCK WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 22 by providing written notice of your opt out at: Sugarlock, Inc., 481 N. Santa Cruz Ave. #270, Los Gatos, CA 95030. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 23.

23 Governing Law and Venue

These Terms, your access to and use of the Services, and your order, receipt and use of products and services you purchase from us shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court, shall be resolved in the state or federal courts of San Mateo County, California.

24 Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

25 Additional Terms Applicable to iOS Devices

The following terms apply if you install, access or use the Service on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).

26 Miscellaneous

Unless otherwise specified by these Terms, these Terms constitute the entire agreement between you and Sugarlock with respect to the Services and any products and services you purchase from us and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Sugarlock with respect to the same. Sugarlock’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms contained in the Terms. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without the prior written consent of Sugarlock. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity.