TERMS OF SERVICE

These Terms of Service are in addition to our Digital Downloads Terms of Use and Privacy Policy.

OVERVIEW

This website located at http://www.sosweetdiy.com (the “Site”) is operated by So Sweet DIY. The terms “we”, “us” and “our” refer to So Sweet DIY. So Sweet DIY offers the Site, including all information, tools and services available from the Site to the user (also referred to as “you” and “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting the Site and/or purchasing a product from us, you engage in our “Service” (or “Services”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you must not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 Any new features or tools which are added to the Site (and current store) shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. These changes take effect immediately and replace all previous versions. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 The Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

CAPACITY/AGE OF CONSENT

 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or if you are below that age, you must have the permission of your parent or guardian to use the Site. Your parent or guardian must have read and understood these Terms of Service and agree to be bound by these terms on your behalf.

USE OF THE SITE

You may not use the Site (or any material published on the Site) for any illegal, immoral or unauthorized purpose or to participate in any unlawful acts. Nor may you, in the use of the Service, infringe upon our intellectual property rights or the intellectual property rights of others. You must not interfere with or circumvent the security features of the Site including the transmission of any worms, viruses or any code of destructive nature.

You may not reproduce, duplicate, sell, resell, copy, download, share or exploit any portion of the Site (or any material published on the Site) in any way which is not expressly authorized in these Terms of Service and our Digital Downloads Terms of Use. A breach or violation of any of these terms and conditions will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Site or in the Service is not accurate, complete or current. The material on the Site and in the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material made available on the Site or in the Service is at your own risk.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site and Service at any time, but we have no obligation to update this information. You agree that it is your responsibility to monitor changes to the Site and Service.

MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to change prices at any time without notice. Additionally, we reserve the right at any time to modify or discontinue the Service (the Products or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS AND SERVICES

The Digital Products (“Products”) made available on the Site are non-editable downloadable PDF files and are provided “as is”. No printed products or physical items of any kind will be shipped to you. Due to the immediate access and intangible nature of the Digital Products, no refunds, returns, cancellations or exchanges can be made. By purchasing and downloading the Products, you are agreeing to this “no refunds” policy.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on the Site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Printed Items/Color Disclaimer: To ensure the best possible print quality, the printable Project Sheets available on the Site are provided in high resolution (300 DPI) digital PDF format. However, due to the vast differences in printer, screen and digital photo technologies, So Sweet DIY does not provide any warranties or make any representations concerning the color accuracy and/or print quality of the Products. So Sweet DIY is unable to calibrate or change colors in the designs of the Products to match specific printing requirements. Product images will typically appear brighter and more vibrant on screens than in print so please be aware that color variations across different devices can be expected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the Site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

THIRD-PARTY SERVICES AND LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the Site and in the Service is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions including (but not limited to) product descriptions, pricing, materials lists, instructional information, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

 (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Products, Services and other materials made available on this Site are provided on an “as is” basis. While all due and reasonable efforts have been made to provide correct and accurate information in the content, we do not provide any representation or warranties, express or implied, statutory or otherwise, or whether by operation of law or otherwise, concerning use of the Product or Services and other materials on the Site. Furthermore, we may modify and update Products, Services and other materials on the Site at any time without notice to reader.

In no case shall So Sweet DIY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless So Sweet DIY, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, from and against all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including legal costs), in any way related to or arising out of the use of the Product or Service or other information contained in the Site, or arising out of breach or violation or failure to abide by the Terms of Use or Terms of Service or any information or documents contained in the Site or incorporated by reference into them.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service (including the Digital Downloads Terms of Use and Privacy Policy) constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, proposals and materials whether oral or written (digital format or otherwise) between you and us (including, but not limited to Safety First alerts and any prior versions of these Terms of Service and Terms of Use). Any ambiguities in the interpretation of these Terms of Service and Terms of Use shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms of Service and Terms of Use shall not constitute a waiver of such right or provision.

CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to this page. These changes take effect immediately and replace all previous versions. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada in the Province of Ontario.

CONTACT INFORMATION AND ADDITIONAL RESOURCES

Please email us if you have any questions or comments regarding these Terms of Service. For further information, please refer to our Digital Downloads Terms of Use and Privacy Policy.