Terms of Use

Welcome to Sweet Sparkle! Thank you for visiting the Website of Sweet Sparkle Corporation (“Company”, “We” or “Us”). PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT” OR “TERMS AND CONDITIONS”) AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE, IDENTIFIED AS WWW.SWEETSPARKLE.COM, AND ALL INCLUSIVE WEB PAGES THEREOF (THIS “SITE”). BY ACCESSING, BROWSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. We reserve the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your agreement to the Sweet Sparkle Privacy Policy (the “Privacy Policy”), which is incorporated herein.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

If you do not agree to any term or condition in this Agreement, you may not use or access this site. This agreement applies to all Site visitors and users of the Site.

Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines, which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

1. Use of the Site

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Sweet Sparkle. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Sweet Sparkle. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes: Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;

Posting any information which is untrue, inaccurate or not your own;

Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; Attempting to interfere in any way with the Site, or Sweet Sparkle’s network security, or attempting to use the Sites service to gain unauthorized access to any other computer system; and

Using the Site to drop ship merchandise to third parties. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Sweet Sparkle.

2. Registration and Passwords

In order to access certain services on the Site you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

3. Site Not for Minors

The Site are available to registered and unregistered users who are 13 years old and older and who have not been suspended or removed by Sweet Sparkle for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms.

4. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

5. Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Sweet Sparkle the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Sweet Sparkle reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree that by placing an order on the Site, you are entering into a binding contract with Sweet Sparkle and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

6. Payment

Customers from outside the US can only pay by International credit card and US dollars unless otherwise specified. All other terms and conditions apply.

6. The Subscription Plan and Cancellation Policy

Subscribers will receive a monthly subscription box containing full-size beauty products. The contents of each subscription box will vary from month to month. We customize your Sweet Sparkle Subscription box based on a monthly theme that we curate. We make no guarantees that you will receive a particular product. By subscribing to the monthly service, you are considered a Subscriber of the Service, and you agree to the recurring monthly payments of the monthly subscription fee of your choosing, whether monthly or in pre-paid intervals offered by the Website. Once you subscribe, the Company will process your monthly subscription fee for the first month, or your pre-payment for a quarterly, biannual or annual subscription term, as described below, and every month, or term thereafter, until your subscription is cancelled, without further notice to you or authorization from you. Sweet Sparkle offers four subscription types with automatic renewal: (1) a rebillable monthly subscription ("Monthly Subscription"); (2) a rebillable quarterly subscription (“Quarterly Subscription”); (3) a rebillable semi-annual subscription (“Semi-Annual Subscription”) (4) a rebillable annual subscription ("Annual Subscription"). You can subscribe here: sweetsparkle.com/index.php?route=plans/product_plans. You can read more about the subscription plans below. The company reserves its right to modify or alter these prices, but will give you notice of any changes made to these prices.

AUTOMATIC RENEWAL TERMS

With respect of Sweet Sparkle subscriptions subject to automatic renewal, you agree that Sweet Sparkle may submit periodic charges (e.g., monthly, quarterly, semi-annual and annual) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Sweet Sparkle reasonably could act.

MONTHLY SUBSCRIPTIONS

A Monthly Subscription is a month-to-month plan. By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Sweet Sparkle after the expiration date of your payment card.

AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.

QUARTERLY SUBSCRIPTIONS

A Quarterly Subscription is a three Month Plan. By purchasing a three Month Subscription, you agree and acknowledge that your three Month Subscription has an initial pre-payment feature for three Months of service and a recurring Quarterly Subscription renewal fee at the then-current Quarterly Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Sweet Sparkle after the expiration date of your payment card.

AUTOMATIC QUARTERLY RENEWAL TERMS

At the end of each quarterly subscription term, your subscription will be automatically extended for another term of one year and your payment method will automatically be charged the Quarterly Subscription renewal fee at the then-current Quarterly Subscription rate until you cancel your Quarterly Subscription renewal.

SEMI-ANNUAL SUBSCRIPTIONS

A Semi-Annual Subscription is a six Month Plan. By purchasing a six Month Subscription, you agree and acknowledge that your six Month Subscription has an initial pre-payment feature for six Months of service and a recurring Quarterly Subscription renewal fee at the then-current Semi-Annual Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Sweet Sparkle after the expiration date of your payment card.

AUTOMATIC SEMI-ANNUAL RENEWAL TERMS

At the end of each Semi-Annual Subscription term, your subscription will be automatically extended for another term of one year and your payment method will automatically be charged the Semi-Annual Subscription renewal fee at the then-current Semi-Annual Subscription rate until you cancel your Semi-Annual Subscription renewal.

ANNUAL SUBSCRIPTIONS

An Annual Subscription is a twelve Month Plan. By purchasing an Annual Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for one full year of service and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Sweet Sparkle after the expiration date of your payment card.

AUTOMATIC ANNUAL RENEWAL TERMS

At the end of each yearly subscription term, your subscription will be automatically extended for another term of one year and your payment method will automatically be charged the Annual Subscription renewal fee at the then-current Annual Subscription rate until you cancel your Annual Subscription renewal.

SWEET SPARKLE SUBCRIPTION CANCELLATION

If you cancel your subscription, you will receive the subscription box through the end of the then-current subscription term. Active Subscriber’s subscriptions will not be renewed after the then-current term expires. Anyone may re-subscribe at any time following cancellation. The company does not allow Active subscriber to pause or suspend its subscriptions. To cancel your subscription you may logon to your account and follow the cancellation procedures there, send us a message at cancellation@sweetsparkle.com and we will do it for you, or call our customer service line at (213) 674-8247.

MONTHLY PLAN CANCELLATION

The monthly plan can be cancelled at any time before the 15th of each month (e.g. you must cancel by January 14th if you want to cancel by your February box). If you have already been billed for this month’s box, your cancellation will take effect in the next billing cycle. The cancellation request can be found by logging in to your account page. If you need help with your cancellation, email us using this link: cancellation@sweetsparkle.com. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.

QUARTERLY, SEMI-ANNUAL, ANNUAL AND AUTOMATIC RENEWAL CANCELLATIONS

The quarterly, semi-annual and annual plans are pre-paid three, six and twelve months, respectively. If you cancel your pre-paid subscription plans after one month, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period and you will not receive any money back for the remaining months of your pre-paid subscription plan. Instead, you will receive the remaining months’ subscription box from Sweet Sparkle on a month-to-month basis for the length of your pre-paid subscription term. You will not be charged for cancellation. Cancellation requests will take effect only if submitted within the first month of your subscription payment. A cancellation after the first month and before the expiration will not be eligible for a refund on the remaining boxes in the subscription(s).

Cancellation requests for automatic renewals will take effect only if submitted by the 15th of the expiry month.

* To cancel your three month subscription, which can start with January and ends with March box, you just cancel by March 14 to opt out of your automatic renewal for the then-current subscription period.

* To cancel your six month subscription, which starts with January and ends with the June box, you just cancel by June 14 to opt out of your automatic renewal for the then-current subscription period.

* To cancel your twelve month (annual) subscription, which can start with January and ends with December box, you just cancel by December 14 to opt out of your automatic renewal for the then-current subscription period.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.

7. Waitlist

Depending on the availability of boxes, new subscribers may be placed on a waitlist. As soon as more boxes become available, waitlisted Subscriber will be automatically removed from the waitlist, Subscriber will be converted into an Active Subscriber, and that Active Subscriber's credit card will be charged in accordance with the subscription plan selected as referenced above under "Subscription Plan," and the terms as stated therein will apply. Once you subscribe and are off the waitlist, we will automatically process your Monthly Subscription fee in the next billing cycle. We will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Monthly Subscription above at the Section "The Subscription Plan and Cancellation Policy".

8. Errors and Limitation on Quantities

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, and other errors or inaccuracies, we may correct without liability, and we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

9. Disclaimer – Product Information

We have made every effort to duplicate the real colors of our products as it appears on your monitor, and to ensure that the information on the Site is complete and reliable, excluding any content that may be submitted by Members.  The actual colors shown will vary depending on your monitor and we cannot guarantee that your monitor's display of any color will be accurate. The use and selection of cosmetic products and other health and beauty products ("Beauty Products") requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products. ??SweetSparkle.com will provide information to Customers regarding the products, such as descriptions or instructions for information purposes only. SweetSparkle.com is not the manufacturer of the Beauty Products, and therefore does not accept any liability and does not represent or warrant that the ingredient, allergen, and other product information on our site is accurate or complete since this information is provided by the product manufacturers or suppliers and on occasion manufacturers may modify their products and update their labels. Sweet Sparkle does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products. Sweet Sparkle does not accept We recommend that you do not rely solely on the information presented on our site and that you consult the products label or contact the manufacturer directly if you have a specific dietary or allergic concern or question about a product. SweetSparkle.com will, upon request, endeavor to identify the manufacturer of the product and provide to the Customer contact information for the manufacturer. SweetSparkle.com is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate. All other products distributed with Offers, Points and Giveaways are manufactured by their respective brands.

10. Backorders (Out of Stock Items)

Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. SweetSparkle.com will make every effort to get the item(s) back in stock as soon as possible. If for any reason we determine that a backordered item is no longer available, we will cancel the item from your order and notify you via email. We will not charge your credit card until the item ships. Therefore, your credit card needs no adjustment upon order cancellation.

11. Proprietary Rights

All content included on this Website, such as text, graphics, logos, button icons, images, videos, audio, materials, trademarks, button icons, music, software and other elements available on the site are the property of SweetSparkle.com, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of SweetSparkle.com and is protected by U.S. and international copyright laws. All software used on this site is the property of SweetSparkle.com or its software suppliers and is protected by U.S. and international copyright laws. You are permitted to use the Website for your personal, non-commercial use. The content and software on this site may be used as a shopping and informational resource.

12. Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to SweetSparkle.com or other respective owners that have granted SweetSparkle.com the right and license to use such Marks. The Marks shall include, but in no way be limited to, "SweetSparkle.com" and the logo so attached. All of our Site’s content is Copyrighted by Sweet Sparkle, Inc. All rights reserved. You must not use the Marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. The Company expressly disclaims any right in the intellectual property of advertisers whose content may appear on the Website.

13. Contributed Content Guidelines

Sweet Sparkle values your engagement. When contributing content, please consider the following guidelines: By submitting or posting any materials or content on the Site, you grant Sweet Sparkle a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Sweet Sparkle the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Sweet Sparkle will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. Although Sweet Sparkle cannot monitor all Comments, we reserve the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Sweet Sparkle for all claims resulting from any such Comments. Sweet Sparkle has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.

All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement; We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Use obscenities, discriminatory language, or other language not suitable for a public forum; Post advertisements, “spam” content, or references to other products, offers, or websites; Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information; Post unduly critical or spiteful comments of other content posted on the page or its authors; Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents; Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity; In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via info@SweetSparkle.com.

14. General Disclaimers

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEO, AUDIO AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, SWEETSPARKLE.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SWEETSPARKLE.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SWEET SPARKLE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sweet Sparkle makes no warranties of any kind regarding any non- Sweet Sparkle sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Sweet Sparkle makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- Sweet Sparkle sites. Sweet Sparkle does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. Price and availability information is subject to change without notice. You assume all responsibility and risk with respect to your use of the Site.

15. Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

16. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the Internet are taxable.

17. Indemnification

You agree to indemnify, hold harmless, and defend Sweet Sparkle, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.

18. Limitation of Liability

IN NO EVENT SHALL SWEETSPARKLE.COM, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (E.G. LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE, ETC.), EVEN IF SWEETSPARKLE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

19. Mobile Services

If you access the Sites via your mobile phone, we do not charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

20. International Use

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

21. International Customers

We deliver to the countries listed on the Website, subject to our absolute discretion, (“International Delivery Destinations”). However there are restrictions on some goods for certain International Delivery Destinations, so please review the information on the Website carefully before ordering goods.

If you order goods from the Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

22. Risk of Loss

A third party carrier will ship any merchandise purchased from our Site. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

23. Waiver; Remedies

The failure of Sweet Sparkle to partially or fully exercise any rights or the waiver of Sweet Sparkle of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Sweet Sparkle or be deemed a waiver by Sweet Sparkle of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Sweet Sparkle under these Terms and any other applicable agreement between you and Sweet Sparkle shall be cumulative, and the exercise of any such right or remedy shall not limit Sweet Sparkle’s right to exercise any other right or remedy.

24. Governing Law

The laws of the State of California shall govern these Terms without regard to conflict of laws provisions.

25. Disputes

Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Sweet Sparkle shall be submitted to confidential arbitration in the State of California; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU AND SWEET SPARKLE AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sweet Sparkle agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Questions:

Should you have any questions regarding these Terms you may contact us at info@sweetsparkle.com.

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