Terms & Conditions

Last Updated: May 26, 2024

This document contains crucial legal terms that govern your use of our service, as well as the products and services offered for purchase via this service. By using the Platform, you agree to these binding terms and conditions. You also agree to resolve any disagreements with us through arbitration and relinquish the right to sue us in court, to have disputes settled by a judge or jury, or to initiate or participate in any class action lawsuit against us.

Overview

Greetings! By accessing or using any of Scarlet Gardener's websites, subdomains, mobile sites, or apps (collectively, the "Platform"), which are owned and operated by Scarlet Gardener LLC ("SG," "we," "our," or "us"), you are agreeing to the following Terms of Use ("Terms"). These Terms govern your use of the Platform, including all interactive elements, widgets, plug-ins, content, downloads, and other services we provide that link to these Terms.

Please read the entire Terms carefully, as they form a binding legal agreement between you and SG, impacting your legal rights and responsibilities. Each time you use the Platform, aside from merely viewing these Terms, you consent to be legally bound by both these Terms and any additional terms and conditions that are referenced herein or that are presented elsewhere on the Platform ("Additional Terms"). If you disagree with any part of the Terms, you should discontinue using the Platform. We reserve the right to enforce these Terms through legal action and other lawful means.

The practical aspects of running the Platform necessitate certain restrictions detailed in these Terms. These include your consent to rights grants and waivers, limitations on our accountability, your agreement to indemnify us, and the arbitration process for disputes. Without these provisions, the Platform would not be provided to you. By using the Platform, you accept these Terms. Occasionally, other specific guidelines, rules, or terms may also apply to your use of the Platform or to certain offerings like our loyalty program, available only in certain areas. When you participate in such programs, you are also agreeing to the respective terms. If there's ever a discrepancy between these Terms and any supplementary terms, the latter will take precedence, unless they explicitly indicate otherwise.

Before utilizing the Platform, it's crucial to thoroughly read and comprehend the Terms provided. For your convenience, each section is prefaced with a succinct summary and a hyperlink to a detailed description. Be aware that the full text of the provisions, rather than the section titles or summaries, will be the controlling elements. By selecting the section titles and "More" buttons, you will be directed to the comprehensive details. All terms that are capitalized will be defined within the Terms themselves.

1. Service Content and User License

We grant you a non-commercial, revocable license to access the Platform, which is subject to compliance with certain terms and restrictions. More

2. Usage Restrictions for the Platform

Your engagement with our Service must adhere to established safeguards aimed at protecting the Platform and its community of users. We reserve the right to modify or terminate our Service, in part or in full. More

3. Conditions for Purchases

Terms related to the purchase of our offerings through the Platform, including automated reordering, are applicable upon transaction. More

4. Account Management

You are permitted to create, modify, and close your accounts within the framework of specific regulations. While we provide options for managing the privacy and use of your account details, their effectiveness may be limited. More

5. User Content and Community Guidelines

By submitting content, you grant us a comprehensive license, which we can further license, for the use of the content you confirm you have the right to distribute. You maintain ownership and responsibility for your content. Our Service's use is governed by community guidelines, and we reserve the right to oversee our Service to ensure content remains suitable. More

6. DMCA Copyright Infringement Notice

Users are prohibited from posting content without ownership or proper licensing and risk suspension or termination for such actions. Copyright owners can alert us to infringements by following the detailed instructions in this section. More

7. Reporting Other Intellectual Property Infringements

Notices of trademark and other intellectual property infringements believed to be occurring on our Service can also be submitted. More

8. Notifications and Inquiries

You consent to receive notifications from us, including updates to terms and conditions, through postings on our Service's homepage, updates to the date at the top of these Terms, or other reasonable methods we may choose, such as the email you provided. More

9. Interaction with External Parties

Our platform is not liable for any third-party content, advertisements, applications, websites, or services. While we may host third-party content and services on our Service, these are beyond our control. Exercise caution when interacting with external parties. More

10. Mobile Usage

Utilizing our Service on mobile devices or networks may incur charges from your wireless provider. More

11. Resolving Conflicts

By using our Service, you consent to resolve disputes through arbitration, renouncing the right to a jury trial and class actions, and agree to present claims within one year. More

12. Warranty Disclaimer

We offer our Service without warranties, to the full extent allowed by law, and on an "As Is" basis. More

13. Liability Limitation

Our responsibility for any claims related to our Service is significantly limited. More

14. Renunciation of Certain Remedies

You relinquish any claim to equitable or injunctive remedies. More

15. Term Updates

The current Terms, along with any Additional Terms displayed on the Platform, govern its use at any given time. These Terms are subject to change to align with the progression of our Service. The publication of revised Terms on the Platform constitutes formal notification to you. More

16. General Terms

By using the Platform, you consent to a set of additional terms and conditions, detailed here, which cover: (a) our rights and discretion; (b) your agreement to indemnify us; (c) the use of the Platform from outside the U.S.; (d) how these Terms are enforced and interpreted; (e) your communication with us; (f) our right to conduct investigations, cooperate with law enforcement, and enforce or terminate agreements; (g) restrictions on transferring and delegating your rights and duties; (h) the process for waivers; (i) specific rights for California residents; and (j) your obligations regarding internet access and connectivity. More

17. Apple Device-Specific Terms

If you're using our mobile app on an Apple Device, there are additional considerations and terms you should be aware of. More

Full Details of the Terms of Use

1. Service Content, Ownership, Limited License and Rights of Others

A. Content. The Platform offers a diverse array of materials including, but not limited to: (i) various items associated with Scarlet Gardener, its offerings, and contributions from licensors and third parties, encompassing layout, information, articles, posts, text, databases, files, images, scripts, designs, graphics, icons, guidelines, illustrations, photos, audio, music, sounds, visuals, videos, promotional content, web addresses, technology, software, interactive elements, the overall aesthetic and composition of the Platform, and all copyrightable elements (including source and object code); (ii) a collection of trademarks, styles, logos, names, marks, and identities from different entities, including those belonging to Scarlet Gardener (collectively referred to as "Trademarks"); and (iii) a variety of intellectual property rights (collectively known as "Content").

B. Ownership. The Platform, in all its iterations, along with the Content, is the property of SG, our licensors, or other respective owners. SG, our licensors, or other designated parties hold all legal rights, ownership, and interests in the Content provided through the Platform, safeguarded by copyright, trademark, style, patent, and other intellectual property and competition laws in the U.S., Canada, and internationally. SG has the copyright for the curated selection, compilation, organization, arrangement, and enhancement of the Content within the Platform.

C. Limited License. SG provides you with a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to temporarily download, display, view, use, play, and print a single copy of the Content (except for raw source and object code) on your device, such as a personal computer, mobile phone, or other internet-connected devices, strictly for personal, non-commercial purposes. This license does not grant you any ownership or other intellectual property rights in the Content and can be revoked or terminated by SG at any time without prior notice or liability. Under certain conditions, SG may allow enhanced access and use of the Content, governed by additional terms.

D. Rights of Others. You are required to honor the intellectual property and other rights of SG and third parties while using the Platform. Unauthorized use of the Content may infringe on various laws, including those related to copyright, trademark, privacy, and communications, potentially leading to personal legal responsibility, including criminal charges. If you suspect that your rights have been violated through improper use or distribution of your work on the Platform, you should refer to Section 6 for further action.

E. Important Advisory: SG, along with its partners, enforces a strict policy against the unauthorized use of its Content, including Trademarks or names in hidden texts or metatags. The unauthorized employment of our Trademarks as metatag keywords constitutes trademark violation, and utilizing Trademarks within page text, metatags, or hidden text to achieve better search engine rankings is deemed unfair competition. Without SG's explicit written consent, linking to any portion of this Service is forbidden. It is also strictly forbidden to frame, inline link, or otherwise associate this Service or any software, HTML code, scripts, text, artwork, photos, images, videos, and audio from its suppliers with any links, ads, or information not originating from this Service.

2. Service and Content Use Restrictions

A. Restrictions on Service Usage: You concur that you shall refrain from: (i) deploying the Platform for any political or business endeavors (explicitly excluding activities such as advertising, fundraising, price gathering, and merchandising); (ii) employing meta tags or any form of concealed text using any Trademarks; (iii) partaking in any conduct via or associated with the Platform that aims to harm individuals or entities, or is illegal, insulting, vulgar, indecent, crude, aggressive, menacing, intimidating, harassing, or abusive, or infringes upon any third party's rights, or is deemed unacceptable by SG; (iv) reverse engineering, decompiling, disassembling, or altering any source or object code of the Platform or any software or other products, services, or processes obtainable through the Platform; (v) initiating any interference with the access to the Platform or its proper functioning, or causing detriment to the Platform, SG, or its users; (vi) disrupting or bypassing any security measure of the Platform or any mechanism that imposes restrictions on the use of or access to the Platform, the Content, or the User Content; (vii) collecting or storing any data (including personal information of other Service users, such as email addresses) without the explicit permission of those users and SG; (viii) attempting unauthorized entry to the Platform, or any related computer systems or networks, via password mining or other methods; or (ix) contravening these Terms or any Supplementary Terms. SG retains the authority to restrict or terminate access to the Platform for any individual at any given moment, for any reason.

B. Restrictions on Content Use: When using the Platform, you agree to abide by the following restrictions on content usage: (i) You shall not engage in monitoring, copying, or distributing the Content through any automated or manual processes other than typical search engine or browser usage; (ii) You shall not employ framing techniques to enclose any Content; (iii) You must maintain all intellectual property notices on the Content; (iv) You shall not imply any unauthorized endorsement or affiliation with our products, services, or brands through the use of the Content; (v) You are prohibited from altering the Content; (vi) You shall not replicate, alter, archive, sell, lease, rent, exchange, create derivative works, publish, perform, display, distribute, broadcast, or transfer the Content without explicit permission, except as directly allowed by the Terms or with written consent from an authorized SG officer or the Content's rightful owner; (vii) You will not embed any code or product that manipulates the Content in a way that negatively impacts user experience.

C. Service and Content Availability: SG reserves the right to discontinue or halt the Platform and Content, in whole or in part, at any time and for any reason, at SG's discretion, without prior notice or liability.

D. Rights Reservation: The Terms, along with any Additional Terms, grant only specific, limited rights to the Content and Service use and access. Rights or licenses should not be assumed beyond those expressly granted, whether by implication, estoppel, customary practice, or any other legal means. SG, along with its licensors and third parties, retains all rights not explicitly given to you. Unauthorized use of the Content or Service is strictly forbidden.

3. Terms Applicable to Purchases

A. General Purchase Terms: To engage in any purchases via the Platform, individuals must be 18 years of age or older, or possess legal majority status in their jurisdiction. Minors are permitted to use a gift card or be an authorized user on an adult's credit or debit card. By providing payment details to us or our designated credit card processor, you grant permission for us and/or our designated processor to charge your card/account as needed. When you place an order for any product or service through the Platform, you commit to paying the stated price, including any applicable taxes, shipping, handling, and additional fees, at the time of order submission. Your provided payment method will be charged automatically for the agreed price.

B. Payment Methods, Credit Card Use, and Tax Information: You are required to make payments using any of the accepted methods specified by us or our payment processor at the time of payment. The terms of your card issuer govern the use of your chosen card or payment account, and you should consult that agreement to understand your rights and responsibilities. Should your primary payment method fail or become unavailable, you authorize us to charge any other authorized payment method linked to your account. You are liable for any unpaid amounts. You affirm that you will not employ any payment method without possessing the necessary legal authorization. It is your responsibility, not ours, to settle any unauthorized charges made to your credit card by a third party. You consent to pay all fees and charges associated with your transactions (including taxes, shipping, handling, and surcharges) at the current rates when incurred. If your credit card issuer or their agent fails to make payment, you agree to fulfill the outstanding balance upon our request. Note that sales tax and other governmental levies, customs, or import/export fees are not included in our product prices. Applicable taxes will be charged at the time of purchase. We reserve the right to automatically charge and withhold taxes for orders shipped to any states or localities as required by our current order policy.

C. Return, Orders, and Shipping Policy: Purchases through our Service are governed by the return and shipping policies available at the time of transaction. These policies are detailed in our Terms, accessible via provided links. Custom-made products, which are subject to unique policies and may have extended shipping times, must be noted in their descriptions. These items, unless they arrive damaged or incorrect due to our fault, are not eligible for return or exchange. Ownership and risk of loss transfer to you once items are handed over to the third-party carrier. We are not liable for delivery delays or failures caused by external factors outside of our control.

D. Order Acceptance: Receiving an order confirmation, whether electronic or otherwise, does not imply that we have accepted your order, nor is it a guarantee of our offer to sell, or a confirmation of the price or availability of any product. We maintain the right to accept or reject your order post-receipt for any reason. Additionally, we may, without prior notification, choose to deliver a lesser quantity than what you ordered, or not fulfill your order, either partially or in full. Acceptance of your order by us is confirmed only upon delivery of the items or services you requested. We may seek further verification or details before approving any order. Please note, some products or services may be produced on demand and could be dispatched directly from a third-party vendor, potentially leading to additional delays.

Please note that if your order is partially or fully cancelled, or if you receive less than the quantity you ordered, the only remedies available to you are: (a) a credit to your card or payment account for the amount charged for the part of the order that was cancelled or not provided, if your card or account has been charged; or (b) we will not charge your card or account for the cancelled or unprovided portion of the order. A cancellation or change to your order is not confirmed until you receive an email from us. You are liable for all fees for orders that have been processed or shipped before we receive your request to cancel or change the order. We reserve the right to refuse any order linked to a previous credit card dispute or fraud. Orders suspected of fraud may be rejected, and we may decline to process future orders from customers with a history of fraudulent orders.

E. Disclaimer of Liability for Incorrect Pricing: While we strive for accuracy in the descriptions of products and services on our platform, human error can occur, and we cannot guarantee that all information is complete, accurate, or up-to-date. Should there be any mistakes in pricing or product details, we reserve the right to cancel or refuse orders at our discretion, even after an order has been placed. In such cases where we've already processed payment, we will issue a refund. Additionally, if an error is clear and should have been noticed by you, we may void the transaction, refund any payments made, and request the return of any delivered goods. If a product does not match its description, you may return it in its original, unused condition as per our Return Policy.

F. Price and Billing Terms Adjustments: The availability of products and services offered through our Service is not guaranteed. We endeavor to present all product details, images, references, features, content, specifications, and pricing accurately, but these may change without prior notification. We do not assure the completeness or precision of information, including data on prices, product visuals, specifications, availability, and services, especially those provided by third parties. We hold the right to modify or correct information and address any mistakes, inaccuracies, or omissions without advance notice, even after an order has been placed. We are not liable for any errors in descriptions, typography, or photography and may adjust or cancel orders due to such errors at our discretion. While we aim to accurately represent product colors on the Platform, we cannot guarantee that your monitor will display colors authentically. Please note that products and services shown on the Platform may not always be available and are subject to change or discontinuation.

G. Offers and Discounts: Most promotional offers, including coupons, vouchers, and discounts, come with certain restrictions. Refer to the specific offer for complete terms and conditions. These offers are not applicable to prior online purchases, third-party purchases, gift cards, taxes, or shipping fees, and they do not hold any cash value. Each order is limited to one offer, which cannot be combined with other promotions. Offer prices, promotions, and availability may differ based on location, region, and customer. The offer's terms may or may not include limitations on its availability in specific stores or areas. Offers are void if duplicated and are valid only for a brief period. It's important to review each offer's details, as restrictions on coupons and promo codes can differ. We reserve the right to change, pause, apply conditions to, or cancel any offers without prior notice. Should you return items bought using a discount, the saved amount may be deducted from the refund. We are not responsible for paying any taxes associated with the distribution or use of any offer. Any sales tax applicable to the use of the offer must be paid by you.

H. Automatic Renewal: The Automatic Renewal feature, also known as auto-renew, is available exclusively for products marked with the auto-renew tag and is limited to deliveries within the United States. When you opt for auto-replenishment at Scarlet Gardener, you can set up a delivery schedule that suits you, with options ranging from 1 to 6 months. Your subscription begins on the date you start your auto-renew and continues at your chosen interval. For subscriptions initiated on the 29th, 30th, or 31st, shipments will adjust to the last day of the month when necessary, setting a new ongoing shipment date. Scarlet Gardener may update the frequency options, which will be communicated on the Platform. Your subscription will auto-renew at the selected interval until you decide to cancel, which you can do or modify up to 24 hours before the next shipment is due.

Participation in the automatic renewal program incurs no extra fees, nor is there a requirement for a minimum purchase. However, the specifics of auto-replenishment offers, such as price, taxes, availability, and shipping costs, may vary with subsequent deliveries. Should any item in an auto-renewal order be out of stock on the intended shipping date, we will make two additional attempts on the following days. If the item is still not available after this period, we will inform you of the inability to complete the order and postpone processing until the next designated shipping date, according to your chosen delivery frequency.

Your subscription will renew automatically, and you'll be billed for each new order based on the item's price on that day, minus any initial discount, plus shipping, handling, and tax. SG may change or cancel discounts, affecting future orders, and you'll be notified. You agree to let SG charge the default payment method in your account for subsequent orders. If your payment method fails, SG won't process the order and will ask you to update your payment details.

If we cannot process your auto-replenishment order using your preferred payment method after three attempts, we will discontinue your subscription. The cost for each delivery may change based on the selected quantity and delivery schedule. By continuing with this service, you agree to all future charges until you decide to cancel the auto-replenishment. Additionally, you are not obligated to meet any minimum purchase requirements.

(ii) Termination of Automatic Renewal: You have the option to discontinue the automatic renewal feature at any point. For termination, access your SG account and select "Cancel Auto Renew Order" for the specific order you intend to terminate, state your cancellation reason, and confirm by clicking "Cancel." Alternatively, you can terminate by sending an email to SG Customer Support at info@ScarletGardener.com with “Cancellation” as the email subject. Should you terminate prior to the charge of the next recurring payment, your subscription will end, and no further charges will be made by SG for upcoming auto-renewal cycles. Terminating while an order is being processed means SG will complete the current order, with the automatic renewal ceasing post the final shipment. Reactivating your enrollment post-cancellation may result in a different discount than previously applied to any auto-renewal item. Any changes in the auto-renewal discount will affect subsequent deliveries of that item.

(iii) Postponing a Delivery: You have the option to postpone a delivery whenever necessary. Simply sign into your SG account, select "Skip It" for the desired order, and confirm your choice. If you postpone a delivery 24 hours before your next scheduled order, SG will not process the upcoming delivery, and your payment method will not incur charges for that shipment. Should you postpone a delivery during an active order (meaning your payment is processed but the shipment hasn't arrived), SG will fulfill the current order and postpone the subsequent subscription cycle. Following a postponed delivery, SG will resume your regular deliveries unless you decide to postpone another delivery or terminate your auto-replenishment. Postponing a delivery will not terminate your subscription.

(iv) Adjusting Your Auto-Replenishments: At any time, you can adjust your auto-renewal by logging into your SG account and selecting "My Auto Refresh." Changes will apply to your subsequent delivery, unless made during an active order period, in which case they will take effect after the current order is finalized.

(v) Suspend and Terminate: At our discretion, we may end or pause your participation in the auto-replenishment program at any time without prior notice. Should this occur, you'll only be billed for orders that have already been dispatched. We also reserve the right to modify the benefits of auto-replenishment, such as discount criteria and eligible products, at any time. These changes will affect future orders, including those already enrolled.

(vi) Discounts, Price Adjustments, and Rewards: Discounts for auto-renewal and any temporary special offers are valid only for qualifying items marked with the promotion on their detail pages, provided you choose the auto-replenish option and meet the promotion's requirements. Availability is limited to stock on hand. Temporary special offers are valid only during their stated period. Auto-renew orders are not subject to price adjustments, and Rewards earned cannot be used for auto-renew orders.

(vii) Returns: Returns for auto-renew orders must adhere to the SG Return Policy, which can be found at the specified link.

(viii) Pricing and Product Adjustments: SG holds the right to modify product prices linked to auto-replenishment whenever necessary. Should there be a price adjustment, SG will update the new prices on the website and strive to inform you beforehand by emailing the address associated with your account. By using this service, you acknowledge that SG can alter the prices for auto-replenish items and that electronic notifications fulfill any legal requirements for written communication. Additionally, SG may alter the SKU/item number and packaging of the auto-replenish products, excluding the fragrance. Your continued use of the Platform constitutes your agreement to any such changes communicated electronically. Should you disagree with any price or product modifications, you have the option to cancel your auto-replenishment subscription as previously outlined. Failing to cancel implies your acceptance of the new terms, and you authorize SG to bill the updated amount or deliver the altered product. Any billing issues must be reported to SG within sixty (60) days; otherwise, your right to contest such charges is forfeited.

4. Your Account

To utilize certain features of the Platform, registration may be necessary, which involves a process provided by the Platform. Our Privacy Policy outlines how we handle the personal data collected during this process. Upon registering for features that require a password and username, you will choose a password (or receive a system-generated one) and agree to the following terms:

(i) Your chosen username or email will not be in use by another, impersonate, infringe on rights, or be offensive. We reserve the right to refuse any username, password, or email;

(ii) You will ensure your registration details are truthful, precise, and kept up-to-date;

(iii) You accept responsibility for all actions taken under your account, whether authorized by you or not.

(iv) It is your duty to keep your password secret, to choose a strong and unique password not used elsewhere, and to prevent others from using your device to access password-protected areas of the Platform with your credentials. (v) You must promptly inform us of any unauthorized activity regarding your account or security breaches. (vi) Your account and rights are personal and cannot be sold, transferred, or delegated. We are not responsible for losses or damages resulting from your failure to fulfill these responsibilities. Should you provide, or we suspect that you have provided, information that is untrue, outdated, or violates our Terms, we may suspend or terminate your account. We also retain the broad authority to deny access to the Platform at our discretion, without prior notice or liability.

5. Guidelines for User Content and Community Engagement

A. User Content: Occasionally, we may ask you to share digital content in a specific way ("User Content"), such as using designated tags or initiating content through the Platform ("Invitation"). "User Content" encompasses a variety of materials, including but not limited to product evaluations, testimonials, messages, texts, drawings, files, images, graphics, photographs, comments, feedback, surveys, replies, audio, music, videos, data, queries, recommendations, personal details, or other elements, along with the concepts they contain, which you post following an Invitation or on the Platform. When you submit User Content or use the required tags, you consent to these Terms. In particular, you affirm that:

- You are a lawful inhabitant of the U.S., including its districts and territories, and are 18 years or older.

- You possess or have obtained all necessary rights and interests in your User Content.

- You have explicit consent from all individuals involved in or depicted in your User Content.

- You acknowledge that you will not receive any form of compensation for our use of your User Content.

- You comprehend that we may modify, edit, or otherwise change User Content (like photographs) without your opportunity for review or approval.

By responding to the Invitation, you acknowledge that your User Content, including photos, may be modified, edited, or otherwise altered without your prior review or approval. Should you disagree with the use of your User Content as described, please refrain from responding to the Invitation. To request the removal of your User Content from the Platform, simply reach out to us. While you grant a license for use within these Terms, you continue to hold any legal rights, ownership, and responsibility for your User Content.

(i) Public Nature of User Content: By submitting content to the Platform, you understand that it will not be considered confidential and may be viewed by the public. You agree that even if you label your content as "confidential" or "proprietary," it will not be treated as such and SG has no duty to maintain its confidentiality. You also agree to provide any necessary documentation to prove your ownership of the content and adherence to these Terms upon SG's request. Please be aware that any personal or sensitive information included in your content can be seen by others, so you should refrain from sharing such details. Furthermore, SG does not solicit or wish to receive any unsolicited ideas or materials for products or services, and any such submissions will be considered non-confidential and non-proprietary. SG reserves the right to challenge any claims regarding the novelty or originality of such submissions and retains all rights to contest intellectual property claims related to them.

(ii) Public Nature of User Content: By submitting content to the Platform, you understand that it will not be considered confidential and may be viewed by the public. You agree that even if you label your content as "confidential" or "proprietary," it will not be treated as such and SG has no duty to maintain its confidentiality. You also agree to provide any necessary documentation to prove your ownership of the content and adherence to these Terms upon SG's request. Please be aware that any personal or sensitive information included in your content can be seen by others, so you should refrain from sharing such details. Furthermore, SG does not solicit or wish to receive any unsolicited ideas or materials for products or services, and any such submissions will be considered non-confidential and non-proprietary. SG reserves the right to challenge any claims regarding the novelty or originality of such submissions and retains all rights to contest intellectual property claims related to them.

By agreeing to these terms, you are giving SG a free, permanent, and irrevocable license to use, reproduce, and distribute your content in any existing or future media. This includes the right to modify, adapt, and create new works from your content, and to use it for any purpose, including marketing. You also allow SG to use your name and image in relation to your content without compensation. You waive any rights to be identified as the author or to object to any changes to your content, unless such rights are protected by law.

Insofar as it is not possible to waive these rights, you permanently consent to refrain from using them in any way that could hinder the utilization of the rights that have been provided to you. It is acknowledged that you are not entitled to any form of payment or compensation for the rights you have been granted under this Section 5(A)(ii).

(iii) SG's Authority Over Service Management: SG reserves the right, but is not obligated, to oversee and handle your User Content as deemed appropriate. SG holds the discretion to discard, transfer, alter, or decline any User Content without any obligation to notify you or any liability for its actions in managing content on its platform. This includes removing content that SG finds objectionable or inappropriate, or that violates any third-party rights, these Terms, or any other applicable Additional Terms, particularly the content guidelines outlined in the Rules (specified in Section 5(B)). Once submitted, SG is not required to keep any User Content on the Platform for any length of time, and you forfeit the right to retrieve, preserve, or utilize such User Content on the Platform or elsewhere.

(ii) Enforcement: While SG is not required to oversee or uphold your intellectual property rights regarding your User Content, you provide SG the authority to maintain and enforce our rights over your User Content. This includes initiating and managing legal actions in your name and on your behalf (at SG's expense, for which you give your consent and permanently designate SG as your representative, with the ability to appoint substitutes and delegate authority, an arrangement that is associated with an interest).

B. Guidelines for Community Engagement: As a participant in the Platform, you are encouraged to understand and follow the Community Usage Rules ("Rules") which govern the expected behavior within the Platform's online forums and user content sections ("Communities").

(i) Rule Overview: Your involvement in the Communities must adhere to these Rules, in addition to all other Terms:

Your User Content. Ensure that your User Content is either your original creation or you possess all necessary permissions from third parties to meet these Terms and any Additional Terms. Avoid incorporating any third-party logos, phrases, or trademarks in your User Content. Refrain from passing off any content found online or from others as your own. If others have contributed to or have rights in your User Content, or if individuals are depicted or mentioned, their consent is also required before submission to SG. For instance, if you wish to share a photograph taken by someone else featuring you and a friend, you need to secure permission from both your friend and the photographer.

Regarding Photos: Limit photos, videos, or images submitted to the Platform to those of yourself, friends, and family, ensuring you have obtained explicit consent for sharing.

Conduct yourself properly. Ensure that your actions within the Platform are suitable for the setting as we define. Maintain respect for the viewpoints and remarks of others to foster inclusive Communities. If there's a possibility your content could offend or embarrass, it likely will and should be excluded from the Platform. Prohibited behaviors include cursing, harassment, bullying, stalking, derogatory comments, personal attacks, rumors, and the like. Your content should not be threatening, abusive, harmful, or include prejudicial remarks related to race, ethnicity, gender, sexual identity, or disability. It should also avoid being defamatory, libelous, vulgar, obscene, pornographic, or overtly sexual.

Refrain from Commercial or Political Usage. Your content should not serve as an advertisement or endorsement of any commercial venture, political figure, public officer, or legislation.

Avoid Inappropriate Usage. Your content should not endorse or engage in infringement, illegal activities, or other similarly unsuitable endeavors.

Maintain integrity by presenting yourself truthfully in your User Content; avoid impersonation or presenting misleading information. Remember, the Communities are places where your content is visible to others, so it's important to be cautious about sharing personal details. Refrain from sharing your own or others' personal information, such as contact details or financial data, unless explicitly requested by SG in a specific manner. This helps protect your identity and that of others within the community.

Please refrain from harming the Platform or any computers or devices. Your contributions should not contain viruses, Trojan horses, spyware, or any harmful code that could interfere with the Platform or any device. Should your content be suspected of breaching these guidelines, SG may act as deemed appropriate within legal bounds. SG is not required to act beyond legal obligations but may request proof of necessary permissions at any time. Inability to provide this proof could result in the removal of the content in question from the Platform.

Regarding interactions with other users and disputes, you are responsible for your conduct with others on the Platform, both online and offline. SG is not liable for the actions or content of any user. While SG reserves the right to monitor disputes, there is no obligation to intervene. Use sound judgment and caution in all interactions and online activities.

C. Reporting Violations: Should you encounter any content that breaches these Terms, you are encouraged to inform us through this link. For claims related to the infringement of intellectual property rights, please refer to Sections 6 and 7 for further details.

6. Copyright Infringement Notification under the "Digital Millennium Copyright Act" (DMCA)

A. DMCA Notification: SG will take appropriate action in response to notices of alleged copyright infringement that are in accordance with the U.S. Digital Millennium Copyright Act ("DMCA"), as detailed below. If you hold a copyright or represent a copyright holder and suspect that your copyrighted material has been violated by an unauthorized upload or distribution through the Platform, you may submit a written notification containing the following:

(i) a header or subject line labeled: "DMCA Copyright Infringement Notification";

(ii) an identification of the copyrighted material you believe has been violated, or if several works are involved in a single notice, a representative list of those works;

(iii) a detailed description of the location of the allegedly infringing material, sufficient for us to be able to find it (please provide the URL or the specific page of the Platform where the material can be found);

(iv) your full name, address, telephone number and email address;

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) your electronic signature.

SG will only respond to DMCA Notices that it receives by email at the addresses below:

By Email: TaraC@ScarletGardener.com.

Determining copyright infringement can be challenging. SG reserves the right to disregard DMCA Notices that fail to meet all required criteria, and may remove content that is allegedly infringing based on incomplete notices. It's important to be aware that under the DMCA, anyone who deliberately misrepresents that material or activity is infringing could face legal consequences. The details you provide in your notice may be forwarded to the individual who supplied the purportedly infringing content, who then has the option to issue a DMCA Counter-Notification. Additionally, SG retains the right to terminate the access of a user who is a repeat infringer of copyright, across any of its services or websites, when deemed necessary.

B. Submitting a Counter-Notification: Should you find that your content has been mistakenly removed or access to it has been wrongly disabled due to a DMCA Notice, you are entitled to file a counter-notification. Please send this to the provided addresses. Your counter-notification must include:

(i) A clear indication that your message is a "DMCA Counter-Notification".

(ii) Specific details of the content that was removed or disabled, including the exact location, such as the URL or page on the Platform where it was prior to its removal or the disabling of access.

(iii) A sworn statement, under the risk of perjury, affirming your belief that the content was erroneously removed or access was mistakenly disabled due to a misidentification of the content.

(iv) Your contact details: full name, address, phone number, email, and your account's username.

(v) By agreeing to this statement, you acknowledge that the Federal District Court in the district where you reside (or the United States District Court for the Northern District of Ohio if you live outside the U.S.A.) has the authority to handle any disputes. You also agree to accept any legal documents sent by the individual who notified us of a DMCA issue or their representative. Additionally, be aware that falsely claiming an error in the removal or disabling of material or activity may result in legal consequences. Following a DMCA Counter-Notification, we may restore the removed content or cease disabling it between 10 to 14 business days after receiving the counter-notice unless we are informed of legal action initiated by the original reporting party against the content provider. It's important to note that we may share the counter-notification with the initial complainant.

7. Reporting Suspected Infringement of Intellectual Property

To report a suspected infringement of intellectual property other than copyright, please provide a written notification to the designated addresses that must contain:

(a) a header stating "Intellectual Property Infringement Notice";

(b) a detailed account of the intellectual property you allege has been violated;

(d) your complete contact information, including name, address, phone number, and email;

(e) A declaration affirming your honest belief that the use in question is not authorized by the intellectual property owner, their representative, or the law. (f) A sworn statement from you, under the risk of perjury, confirming the accuracy of the information in your notice and that you are the intellectual property owner or are authorized to act on their behalf. (g) Your digital or handwritten signature.

We reserve the right to respond to such notices at our discretion. The details you provide in your notice may be forwarded to the individual who supplied the material in question. Any user who does not adequately address SG's concerns regarding infringement notices related to User Content risks suspension or termination of service.

8. Notices and Questions

By accepting these terms, you acknowledge that: (i) we reserve the right to inform you of updates or changes to the terms and other significant information through the Platform or other methods we choose; and (ii) we may reach out to you via mail or email using the contact details you have provided. It is your responsibility to keep us informed of any changes to your contact information by updating your account details. Should you need assistance with the Platform, feel free to reach out to us. Please be aware that SG has the exclusive right to decide whether to offer customer support and is under no obligation to provide it.

9. External Websites and Advertisements

A. External Services and Ads: The Platform may include links to external entities that are autonomous from us ("External Services"). SG does not control the content, operations, policies, or terms of the External Services, nor does SG review them. SG neither endorses nor guarantees any External Services, nor any third-party content, advertisements, information, materials, products, services, or other items.

Additionally, SG is not accountable for the quality or delivery of the products or services provided, accessed, or advertised through these External Services. SG will not be liable for any direct, indirect, incidental, or consequential damages, whether due to negligence, breach of contract, defamation, copyright infringement, or other intellectual property rights violations, resulting from the use or display of information or content from these External Services. Engagements with any External Services are governed by the privacy and other policies, terms of use, and rules set by the External Services' operators. SG renounces all responsibility for such engagements.

B. Third-Party Interactions: Your engagement with any third parties via the Platform, including any communication, transactions, and other dealings, is strictly between you and the third party. This includes matters related to third-party content, payments, product delivery, warranties, as well as privacy and data security. SG is not responsible for any liabilities arising from these interactions..

10. Wireless Features

A. Mobile Access: Our Service is also accessible in a mobile-optimized version (referred to as the "Mobile Site"). The Mobile Site is compatible with all mobile phones that have internet capabilities. Please note that certain promotions and pricing available on the full html website may not be offered on the Mobile Site, and vice versa.

B. Wireless Features: Your wireless device may have access to certain functionalities provided by the Platform, such as accessing and uploading content, receiving messages, and downloading applications ("Wireless Features"). Participation in Wireless Features may incur standard messaging, data, and other fees from your carrier. Charges may be applied to your wireless bill or deducted from a pre-paid balance. Availability and compatibility of Wireless Features may vary by carrier and device, and restrictions may apply. Check with your carrier for available plans and costs, and direct any questions to them.

C. Terms of Wireless Features: By using the Wireless Features, you consent to receiving communications from us or third parties on your device and acknowledge that we may collect data related to your usage. If you've registered for Wireless Features through the Platform, you agree to inform us of any updates to your contact information and to adjust your account settings accordingly.

D. Telephone/Messaging Terms and Conditions: SG provides various communication programs, including SMS, MMS, artificial and prerecorded voice messages, as well as autodialed calls (together referred to as the "Program"), which deliver regular updates and offers related to Scarlet Gardener. These messages are sent in compliance with the Telephone/Messaging Terms & Conditions. By participating in any of the Programs or using telephonic communication services, you agree to these Terms. Please review the Telephone/Messaging Terms and Conditions, as they are an integral part of these Terms and by reference, form Additional Terms.

11. Resolving Disputes

It's important to carefully review this section as it involves a waiver of specific legal rights in case of disputes with us, including an agreement to binding arbitration.

A. Initial Steps for Dispute Resolution: Should a dispute arise related to the Platform, such as issues with gift cards, advertising, products, content, or any other claims against SG or its affiliates, both parties will attempt to resolve it amicably. This involves sending a detailed written notice with a proposed solution. Notices will be sent based on the latest contact information provided. If no current information is available, SG is not obligated to act under this section. To contact SG, send an email to TaraC@ScarletGardener.com.

Your notification must include a personal written statement detailing: your identity; the specific nature and grounds of the claim or conflict; the date of any related purchase or transaction (where applicable), and the type of resolution you seek. Within sixty days from receiving the notice, both parties will engage in a sincere effort to resolve the dispute via a private phone conference. However, neither party is obligated to settle the dispute if the terms are not agreeable. Each dispute will necessitate a distinct phone conference, and group conferences for multiple claims are not permitted. If legal representation is involved, the lawyer may attend, but your presence and participation are also required. This informal negotiation is mandatory before any formal proceedings can begin. All relevant time limits and procedural deadlines will be paused while this negotiation takes place. For U.S. residents, parts of this section are recognized as a "written agreement to arbitrate" under the Federal Arbitration Act, fulfilling the FAA's written requirement.

B. Mandatory Arbitration: Should a disagreement arise that is not settled within sixty days as outlined in Section 11(A), all disputes between you and SG—regardless of their basis, including but not limited to contract, law, or torts—must be resolved through final and binding arbitration. For disputes involving U.S. residents, the Federal Arbitration Act will oversee the arbitration process, not individual state laws. By choosing arbitration, both parties waive the right to a court trial and jury hearing. Nonetheless, the relevant state, federal, or provincial laws mentioned in Section 11(J) will still apply to any claims, remedies, and damages related to these Terms or the Platform, or any disputes described in Section 16(A). Only with mutual consent will an Excluded Dispute be subject to arbitration under this section.

Disputes shall be exclusively settled through binding arbitration following the current Consumer Arbitration Rules of the American Arbitration Association (AAA), applicable to consumer agreements as per Rule R-1. Should these rules be inapplicable, the AAA's Commercial Arbitration Rules will govern, barring any modifications stated herein. The AAA will oversee the arbitration process. However, if the AAA declines to schedule a hearing, either disputing party has the option to initiate arbitration through the Judicial Arbitration and Mediation Services Inc. (JAMS) under their streamlined rules, or another agreed-upon arbitration service, upon written consent from you and an authorized SG representative.

C. Arbitration: Should the informal dispute resolution process fail within sixty days as outlined in Section 11(A), a party wishing to pursue arbitration must issue a written Demand for Arbitration according to the specified Rules. The American Arbitration Association (AAA) offers the necessary forms for this demand under its Commercial and Consumer Arbitration Rules. For California residents, a fee waiver affidavit is available at their website. The chosen arbitrator will be a retired judge or a lawyer authorized to practice in the state or county of the resident. Initially, both parties will try to mutually select an arbitrator. Failing to agree on one within twenty-one days after the AAA provides a list of potential arbitrators, the AAA will then appoint one in line with the Rules.

Arbitration can take place over the phone or through written submissions. Should a face-to-face meeting be necessary, it will occur in your county or another agreed location. Both parties are responsible for their share of fees and costs as dictated by the Rules. However, if the Rules or applicable laws mandate that SG must cover a larger share or the entirety of these costs for the enforceability of this section, SG may choose to do so and proceed with arbitration. Arbitration will be carried out by a sole arbitrator, who is committed to these Terms and any Additional Terms, and will resolve disputes based solely on the evidence presented and applicable laws, issuing a reasoned decision that benefits only the party seeking relief to the degree justified by their individual claim.

The arbitrator is tasked with issuing a decision within the period outlined by the Rules, including key findings and rationale that form the basis of the award. This decision can be enforced by any court with proper authority. The arbitrator is empowered to assign financial compensation and other lawful, individual-specific remedies as permitted by the law, the Rules, and the Terms, ensuring alignment with the "Limitation of Liability" clause regarding the nature and quantum of damages. Should a court find the arbitrator's inability to provide third-party relief unenforceable in a public injunctive relief claim (with this finding being upheld on appeal), such a claim will be adjudicated in court, while individual claims remain subject to arbitration. During this time, the court will postpone the public injunctive relief claim until the arbitration award for individual relief is recognized by the court. Public injunctive relief claims are not subject to arbitration.

The arbitrator is responsible for resolving all disputes, except for matters concerning the arbitration's scope and enforceability, including the class action waiver, which are determined by the court. The winning party in the arbitration may be awarded attorneys' fees only if the governing law of the claims allows it. Should the arbitrator deem your claim or the sought-after arbitration relief to be frivolous or for an improper purpose, as defined by Federal Rule of Civil Procedure 11(b), SG may claim attorneys' fees and costs. This clause regarding arbitration will remain in effect even if the Terms or Service are terminated. Procedures, rules, and fee details for AAA and JAMS are available via their respective contact information and websites.

D. Additional Special Procedures for Large-Scale Arbitration: In the event that twenty-five (25) or more similar claims are brought against SG by the same or coordinated legal representation, or in a coordinated effort, it is acknowledged and consented that this may result in a postponement of the dispute resolution. Furthermore, agreement is made to a collective preliminary trial process and the application of the AAA's fee schedule for multiple consumer cases. Both the claimants' legal representatives and SG's counsel will choose five (5) individual cases each to undergo initial arbitration as part of a sample trial process. While there is no obligation, both parties have the option to agree in writing to alter the number of cases selected for this sample process. Any remaining cases will not be considered filed for arbitration, nor will any AAA fees be applied, until they are chosen for individual arbitration under this agreement. Throughout this sample trial process, each case will be overseen by a single arbitrator.

During the bellwether process, each arbitrator is assigned only one case, unless all parties consent to additional assignments. Following the resolution of the initial ten cases, SG and the claimants will participate in a comprehensive mediation, aiming to settle the outstanding cases informed by the bellwether outcomes. If unresolved, each party will choose ten more cases for individual arbitration in a second bellwether phase. Subsequent to the second set of twenty cases, another round of mediation will occur, seeking to settle the remaining cases, taking into account the outcomes of both bellwether rounds. Should the second mediation not result in a settlement, discussions may take place regarding the adjudication of the remaining cases, considering the prior bellwether decisions; however, any changes to the outlined process are not obligatory. Without a settlement or agreed modifications, the arbitration provider will proceed to enhance the efficiency of the arbitration administration and resolution process:

The process will handle arbitration requests in groups of fifty, with any remaining requests forming a final group. Each group will be assigned one arbitrator and incur a single filing fee per party. Parties must work collaboratively with SG and the arbitration provider to facilitate this grouped approach, ensuring an effective resolution of claims and the payment of one-time filing and administrative fees for each group. The "Batch Arbitration" clause is not to be construed as allowing any form of class arbitration. SG explicitly rejects class, private attorney general, or any joint or combined claim arbitrations, unless explicitly described in Section 11(D). The time limits for filing and any associated fees will be suspended for claims under Section 11(D) from the selection of initial bellwether cases until the individual case is chosen, withdrawn, or settled. The court holds the power to uphold this clause and prevent any bulk filing or legal actions against SG.

E. Time Limit for Initiating Claims: UNDER THE MAXIMUM EXTENT ALLOWED BY LAW, TO INITIATE A DISPUTE (EXCEPT FOR DISPUTES EXPRESSLY EXCLUDED), EITHER PARTY MUST NOTIFY THE OTHER IN WRITING AS DESCRIBED IN SECTION 11(A) WITHIN ONE (1) YEAR FROM WHEN THE DISPUTE OCCURRED, OTHERWISE, THE RIGHT TO RAISE THAT DISPUTE IS WAIVED. The initiation of a dispute is defined as follows: (a) delivering a written notice in the manner outlined in Section 11(A); (b) beginning arbitration according to Section 11(B); or (c) instituting a legal case in either state, federal, or provincial courts.

F. Injunctive Relief: The limitations described in this Section 11 do not restrict any legal measures that SG may pursue to obtain an injunction or other equitable remedies in the event of, or to prevent, any loss, cost, or damage (or potential loss, cost, or damage) related to the Platform, any Content, your User Content, SG's intellectual property rights (which may include disputed claims), SG's operations, and/or SG's products or services.

G. Exclusion of Class Action Lawsuits: You and SG concur that any claims must be made solely on an individual basis, not as a plaintiff or class member in any class or representative legal action or association. Disputes will be resolved individually and not merged with other arbitrations or proceedings involving different parties' claims, except as provided for mass arbitrations in Section 11(D). No disputes shall be subject to class arbitration or any representative capacity claims on behalf of the public or similarly situated individuals or entities. However, should a competent court find this limitation to be unconscionable or unenforceable, then the arbitration agreement in Section 11(B) will not be applicable, and the dispute must be filed in court as outlined in Section 11(H).

Despite any other clause in this Section 11, issues concerning the extent, interpretation, and validity of the class action waiver (outlined in the "No Class Action Matters" section) must be resolved by a court with proper authority, not an arbitrator. The arbitrator is not authorized to modify these class action waiver terms. If the class action waiver or the prohibition against class arbitration is found to be void or unenforceable, then the entirety of Section 11 becomes null. However, if any part of Section 11, except for the class action waiver and the prohibition against class arbitration, is found to be void or unenforceable, the rest of Section 11 remains in effect.

H. Jurisdictional Issues: Other than cases requiring arbitration as stated above or related to the enforcement of any arbitration ruling, any legal proceedings arising from disputes or excluded disputes must be initiated in either state or federal courts located in Franklin County, Ohio.

Thus, both you and SG agree to submit exclusively to the personal jurisdiction and venue of such courts for these matters. I. Exclusion of Small Claims from Arbitration Requirement. Despite the above, either party may present a claim of Disputes (excluding Excluded Disputes) in small claims court individually, provided the claim falls within that court's jurisdiction. J. Governing Law. The Terms, along with any Additional Terms, shall be interpreted and enforced in line with the laws of the State of Ohio, without giving effect to its conflict of laws principles.

12. Disclaimer of Representations and Warranties

You are using the Platform at your own risk. It is offered without any guarantees or warranties, either expressed or implied. SG, along with its parent company, subsidiaries, and their employees, directors, and other representatives, explicitly disclaim all liability. They make no guarantees regarding:

(a) the Platform itself, including its content and user submissions;

(b) the Platform's functionality, features, or any elements accessible through it;

(d) the security of any user content sent to SG through the Platform.

(e) The Platform's and its servers' immunity to harmful components such as viruses and Trojan horses, which could potentially compromise your Device.

(f) The reliability, completeness, accuracy, usefulness, timeliness, and safety of the information and instructions provided by the Platform.

(g) The Platform's commitment to rectify any defects or errors that may arise.

(h) The consistency, punctuality, security, and faultlessness of your Service access.

(i) The Platform's availability at any given time or place.

(j) The legality of using the Platform within various legal jurisdictions.

Unless specific guarantees are provided in this document or additional terms set by an SG entity, all warranties, whether stated or implied, are disclaimed to the fullest extent allowed by law by the SG entities. This includes but is not limited to warranties of merchantability, suitability for a particular use, non-violation or non-infringement of third-party intellectual property rights, ownership, custom, trade, quiet enjoyment, system integration, and absence of computer viruses. However, if local laws of certain jurisdictions prohibit or restrict the renunciation of implied or other warranties, then these disclaimers may not be applicable to the full extent in those regions.

13. Limitations of Our Liability

As allowed by applicable law, SG Parties shall not be held accountable for any kind of loss or damage, including but not limited to personal injury or death. This extends to any direct, indirect, economic, exemplary, punitive, incidental, or consequential damages arising in connection with: (a) the Platform, its Content, and User Content; (b) the usage, or inability to use the Platform, or its performance; (c) any proceedings related to investigations by SG Parties or law enforcement concerning your use of the Platform; (d) actions related to copyright or other rights holders; (e) any harm incurred as a direct or indirect result of using the Platform or any products or services acquired via the Platform.

The Platform is not responsible for any technical errors or oversights; nor for any user's computer or hardware damage, including but not limited to damages from security breaches, viruses, bugs, fraud, errors, omissions, interruptions, defects, delays, network failures, or any other malfunctions that result in loss of profits, goodwill, data, work stoppage, or equipment failure. These liability limitations stand even if such incidents were predictable and the SG Parties were informed about the potential for such losses or damages. Actions may be based on contract, negligence, strict liability, or tort claims, regardless of whether they arise partly or wholly from negligence, acts of god, telecommunications failures, or service destruction. However, some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply.

Unless otherwise stated in additional terms, under the law, SG's maximum responsibility for damages, losses, and legal claims related to your use of the Platform and your rights under these terms shall not surpass the total amount you've paid to SG for accessing the Platform or for the transactions leading to the claims. However, this limit will not apply if deemed unconscionable by a competent court. This does not affect any specific written product warranties provided by us.

14. Waiver of Injunctive or Other Equitable Relief

By using the Platform, you acknowledge that any loss, damage, or injury you claim as a result of your use will not be considered irreparable or adequate for granting an injunction or any form of equitable remedy. You also agree not to pursue any court or other legal action that could disrupt or hinder the operation or development of any websites, applications, content, products, services, or intellectual property that are owned, licensed, used, or controlled by SG or its licensors.

15. Updates to Terms

The Terms, or any Additional Terms when relevant, that are displayed at the time you use our services, will oversee your use and any transactions made during that time. As our service changes, we may update the Terms and Conditions and stop providing the Platform under the previous terms. Therefore, each time you log in or use our service, you're agreeing to the new Terms and Conditions effective at that moment. We'll inform you of any changes by posting them on the Platform or through another reasonable method of notification we choose, and by continuing to use the Platform, you accept the new terms for your ongoing use and transactions.

It is important to regularly review the terms of use and any relevant Additional Terms whenever you utilize the Platform, especially before engaging in any transactions or submissions. The Additional Terms become effective for new uses and transactions from the moment they are posted, or from a later specified date. However, the Terms and any applicable Additional Terms that were in force during your previous interactions with the Platform will remain in effect for those interactions, with changes being forward-looking only, unless there is a mutual agreement to the contrary. Should a tribunal find the notice of revised or Additional Terms to be inadequate, the existing agreement will remain in effect until a new agreement is sufficiently notified. You are encouraged to routinely monitor the terms on the designated web page and to check the email associated with your account for updates. By using the Platform, you acknowledge that the notification methods described in the Terms are reasonable. If you do not agree with any new, revised, or Additional Terms, you have the option to stop using the Platform and any related services.

16. General Provisions

A. SG's Consent or Approval: Regarding any clause within these Terms or any Supplementary Terms that bestows upon SG the privilege of consent or affirmation, or allows SG the liberty to enact a right labeled as "sole discretion," it is understood that SG retains the authority to utilize this right with complete autonomy. Any form of opt-in consent or affirmation is not to be considered as conferred by SG unless it is articulated through a written document and authenticated by an authorized representative of SG.

B. Indemnity Clause: By agreeing to these terms, you are committing to protect, compensate, and exonerate the SG Parties from any responsibility for a wide range of potential legal challenges, including but not limited to claims, lawsuits, demands, actions, financial losses, costs, legal inquiries, obligations, verdicts, monetary penalties, settlements, interest accruals, and any related expenses (such as legal representation fees). These may result from, or be connected to, the following:

(i) the content you provide as a user;

(ii) your engagement with the Platform and your conduct related to its use;

(iii) any violation or perceived violation of these Terms or any supplementary terms;

(iv) Any breach or potential breach by you of laws, regulations, or other legal requirements in relation to your use of the Platform or activities related to the Platform; (v) Any content or data sent from your Device, regardless of whether you submitted it, that may infringe upon or violate intellectual property rights or other proprietary rights of any party; (vi) Any false statements made by you; and (vii) The SG Parties' handling of the information you provide, including User Content (collectively referred to as "Claims and Losses"). Your full cooperation is expected in the defense against any Claims and Losses. Although SG Parties have the right to manage, settle, and pay Claims and Losses, they maintain the exclusive authority to do so. SG Parties also hold the right to take over the exclusive defense and management of any Claims and Losses. Without the express written consent from an SG Party officer, you are not permitted to resolve any Claims and Losses.

C. Service Operations and Global Availability: The Platform is managed from the United States and is designed mainly for users in the U.S. SG does not claim that the Platform is suitable or accessible for users outside the U.S. Utilizing the Platform from other locations is at your own risk, and you must adhere to local laws applicable to online behavior and acceptable content, as far as they are applicable. We may, at our sole discretion, restrict access to the Platform and/or any described or available content, program, product, service, or feature to any individual, organization, region, or jurisdiction, at any time, and may also limit the quantities offered. Both you and we reject any relevance of the Convention on Contracts for the International Sale of Goods to these Terms.

D. Severability to Interpretation: Should any part of these Terms, or any Additional Terms, be considered invalid, unlawful, void, or unenforceable by an authorized court or arbitrator, that part shall be isolated from these Terms or the Additional Terms. This isolation will not compromise the validity or enforceability of the remaining provisions, which will continue to be effective in full. In accordance with the law, you consent to relinquish, and by this act, you do relinquish, any legal rights and common law provisions that might allow for the interpretation of a contract to the disadvantage of the party who drafted it. The term "including" as used in these Terms or any Additional Terms should always be interpreted as "including, but not limited to,". Provision summaries and section titles are for ease of reference only and do not restrict the comprehensive Terms.

E. Communications: In accordance with the law, by engaging with us through electronic means like email and text messages, you are giving your consent to receive electronic communications from us. It's important to understand that we are not required to reply to all received inquiries. By accepting this, you acknowledge that any electronic contracts, notifications, information, and other messages we send you fulfill any legal obligations for written documentation.

F. Investigations: SG maintains the unrestricted authority to conduct inquiries into potential violations of its service's security, terms, and any supplementary conditions. This includes examining data from law enforcement databases and adhering to legal requirements. SG may also collaborate with legal authorities in these investigations and take legal action against those who breach these terms. Furthermore, SG can halt or terminate the Platform or your access to it, including any accounts or registrations, at any time without prior notice or obligation to you or others. Such actions will not negate your obligations to SG. Should your access be suspended or terminated, or should SG issue a notice, all privileges granted to you will end immediately, and you must cease using the Platform forthwith. However, certain terms, such as those related to user content, indemnities, releases, disclaimers, limitations on liability, jurisdiction, choice of law, prohibition of class action, and mandatory arbitration, will persist even after your access is revoked.

G. Assignment Clause: SG reserves the right to transfer its responsibilities and rights under these Terms, along with any Additional Terms, to another entity at any point, without prior notification. Conversely, you are not permitted to assign these Terms or any Additional Terms, nor delegate your responsibilities, without obtaining written approval from an SG executive.

H. Clause on Waivers: The rights, powers, or remedies belonging to you or SG will not be deemed waived by any delay or failure in exercising them, unless explicitly stated in these Terms or any Additional Terms. Moreover, any waiver or alteration of these Terms or any Additional Terms is not considered valid unless it is documented in writing and signed by the party against whom enforcement of the waiver or modification is sought. It should be noted that nothing within these terms limits SG's authority to modify these Terms or any Additional Terms as allowed within those agreements.

I. Rights for California Consumers: If you are a California resident, you have specific rights as a consumer. For assistance or to file a complaint, you can reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. They are available by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by phone at (916) 445-1254. Additionally, their website can be found at http://www.dca.ca.gov.

J. Connectivity: It is your duty to acquire and uphold all necessary devices, equipment, and software, as well as to secure services from internet and mobile providers, which are essential for accessing and utilizing the Platform. Furthermore, you shall bear all costs associated with these requirements.

17. Terms Applicable For Apple Device Users

When you use the Platform on an Apple Device, you agree to the following conditions:

(i) You recognize that the agreement for the use of the Platform is solely between you and SG, with Apple being recognized only as a third-party beneficiary as described later.

(ii) Your use of the Platform is also governed by the Usage Rules outlined in the Apple App Store Terms and Conditions, along with any other third-party agreements relevant to the Platform.

(iii) It is acknowledged that SG is the provider of the Platform and its content, not Apple.

(iv) You understand that Apple is under no obligation to provide any maintenance or support services regarding the Platform.

(v) Within the bounds of the law, Apple is not obligated to provide any warranties for the Platform beyond what is legally required.

(vi) You recognize that SG, not Apple, will handle any complaints or legal issues related to the Platform, including but not limited to product liability, legal compliance, and consumer rights, despite any other provisions.

(vii) Moreover, you concur that should the Platform infringe on any third-party intellectual property rights, Apple shall not be liable for legal actions or settlements pertaining to such infringement claims. (viii) By agreeing to these Terms, you understand that Apple and its subsidiaries are intended beneficiaries with the authority to enforce these Terms against you.

(ix) Your use of the Platform constitutes an agreement to abide by the terms and conditions of any third-party entities associated with any platform, website, technology, or service that integrates with the Platform.

(x) By using this Service, you affirm and guarantee that: (i) your location is not within a nation that is under a U.S. Government embargo or identified by the U.S. Government as a country supporting terrorism; and (ii) your name does not appear on any U.S. Government rosters of banned or restricted individuals.