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PRIVACY NOTICE
Last updated: October 15, 2020
SD knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice describes what information we collect from you, why and how it is used or disclosed. You expressly consent to the collection, use and disclosure of your information in accordance with this Privacy Notice upon creating your account with us or by visiting or otherwise accessing or using our website at www.sweetdirt.com, our mobile application or any other of our related media forms, plug-ins, software applications, media channels, mobile websites, or mobile applications (collectively, the “Site”).
We reserve the right to make changes to this Privacy Notice at any time and for any reason. We will alert you about any changes by posting the updated version of this Privacy Notice on our Site. Any changes or modifications will be effective immediately upon such posting and you hereby waive the right to receive specific notice of each such update. You are encouraged to periodically review this Privacy Notice to stay informed of any updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Notice by your continued use of the Site after the date such revised Privacy Notice is posted.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personal Data. Personally identifiable information, such as your name, mailing address, email address, and telephone number, and other information that you may voluntarily give to us when you register with the Site. With the exception of certain minimum data (e.g. your name, etc.) which is required to establish your account on the Site, you are under no obligation to provide us with personal information of any kind, however, your refusal to do so may prevent you from using certain features of the Site.
Derivative Data. Information our servers automatically collect when you access the Site, such as your IP address, password, your browser type, your operating system, your access times, and the pages and/or content you have viewed directly before, during, and after accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
Data from Social Networks and Other Sites. User information from social networking and other sites, such as Facebook, Google+, Twitter, LinkedIn, or Microsoft, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. If you are using our mobile application, this information may also include the contact information of anyone you invite to use and/or join our mobile application.
Data from Contests, Giveaways, and Surveys. Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
Anonymous Data. Data or information that is not associated with or linked to your personally identifiable information. Anonymous Data does not, by itself, permit the identification of individual persons.
Mobile Application Information. If you connect using our mobile application:
Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s sensors, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
Push Notifications. We may request to send you push notifications regarding your account or any of our services provided to you via the Site (the “Services”). If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights. If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Marketing Communications. With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Affiliates; Partners. We may share your information with our affiliates or partners, in which case we will require those affiliates and partners to honor this Privacy Notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Social Media Contacts. If you connect to the Site through a social network, your contacts on the social network may see your name, profile photo, and descriptions of your activity.
Other Third-Parties. We may share your Anonymous Data with advertisers and investors for conducting general business analysis.
Sale or Bankruptcy. If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Notice.
Anonymous Data. While we would never disclose your personally identifiable information to any third-party without your express consent, except as provided for in this Privacy Notice, SD reserves the right to use any Anonymous Data collected and/or aggregated for any purpose and disclose Anonymous Data to third parties, including via the license or sale thereof, at its sole and absolute discretion.
Please Note. We are not responsible for the actions of third parties with whom you share personal or sensitive information, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
TRACKING TECHNOLOGIES
Cookies and Web Beacons. We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. For more information on how we use cookies, please refer to our Cookie Policy posted on the Site, which is incorporated into this Privacy Notice. By using the Site, you agree to be bound by our Cookie Policy.
Website Analytics. We may also partner with selected third-party vendors, such as Google Tag Manager to allow tracking technologies and remarketing services on the Site by first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site or any portion thereof, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions, we have provided direct links to the applicable privacy policies above. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
THIRD-PARTY WEBSITES
The Site may contain links to third-party websites and applications of interest including advertisements, website analytics providers, social network sites, and other external services, that are not affiliated with us. Once you have used these links to leave the Site, this Privacy Notice does not cover any information you provide to these third parties, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.
SECURITY OF YOUR INFORMATION
We use a variety of industry standard administrative, technical, and physical security measures to help protect your personal information. We also require you to enter a password to access your account information. It is your responsibility to safeguard your password and pother login credentials, please do not disclose your account password to unauthorized people. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
AGE RESTRICTION
Adult Use Marijuana. We do not knowingly solicit information from or market to individuals under the age of 21. If you become aware of any data we have collected from individuals under age 21, please contact us using the contact information provided below.
Medical Marijuana. We do not knowingly solicit information from or market to individuals under the age of 18. If you become aware of any data we have collected from individuals under age 18, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and our mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. If you set the DNT signal on your browser, we will respond to such DNT browser signals.
CALIFORNIA PRIVACY RIGHTS
While SD does not intentionally market or make its site and services available to individuals under the age of 18 for Medical Marijuana or 21 for Adult Use Marijuana, SD takes your privacy very seriously and particularly the privacy of minors. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.
CONTACT US
If you have questions or comments about this Privacy Notice or otherwise need to contact us, please contact us at:
Sweet Dirt
Attn: Legal Department
987 Harold L Dow Hwy.
Eliot, ME 03903, USA
info@sweetdirt.com
COOKIE POLICY
Last updated: October 15, 2020
SD may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit or otherwise access or use our websiters and our mobile application, including any other of our related media forms, media channels, mobile websites, or mobile applications (collectively, the “Site”) to help customize the Site and improve your experience.
We reserve the right to make changes to this Cookie Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Cookie Policy. We will alert you about any changes by posting the updated version of this Cookie Policy on our Site. Any changes or modifications will be effective immediately upon such posting and you hereby waive the right to receive specific notice of each such update. You are encouraged to periodically review this Cookie Policy to stay informed of any updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Policy by your continued use of the Site after the date such revised Cookie Policy is posted.
USE OF COOKIES
A “cookie” is a string of information which assigns you a unique identifier that we store on your computer. Your browser then provides that unique identifier to use each time you submit a query to the Site. We use cookies on the Site to, among other things, keep track of services you have used, record registration information, record your user preferences, keep you logged into the Site, facilitate purchase procedures, and track the pages you visit. Cookies help us understand how the Site is being used and improve your user experience.
TYPES OF COOKIES
The following types of cookies may be used when you visit the Site:
Analytics Cookies. Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.
Our Cookies. Our cookies are “first-party cookies” and can be either permanent or temporary. These are necessary cookies, without which the Site will not work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in your browser but may affect the functionality of the Site.
Personalization Cookies. Personalization cookies are used to recognize repeat visitors to the Site. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Site.
Security Cookies. Security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.
Site Management Cookies. Site management cookies are used to maintain your identity or session on the Site so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.
Third-Party Cookies. Third-party cookies may be placed on your computer when you visit the Site by companies that run certain services we offer or use. These cookies allow the third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.
CONTROL OF COOKIES
Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Site.
For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies, or visit the following links:
In addition, you may opt-out of some third-party cookies through the Network Advertising Initiative’s Opt-Out Tool.
OTHER TRACKING TECHNOLOGIES
In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the Site to help customize the Site and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.
PRIVACY POLICY
For more information about how we use information collected by cookies and other tracking technologies, please refer to our Privacy Notice. This Cookie Policy is part of and is incorporated into our Privacy Notice. By ticking the “I accept” box upon creating your account with us or by visiting or otherwise accessing or using our Site, you agree to be bound by this Cookie Policy and our Privacy Notice.
CONTACT US
Sweet Dirt
Attn: Legal Department
987 Harold Dow Hwy.
Eliot, ME 03903
USA
info@sweetdirt.com
TERMS OF USE
Last Updated: October 15, 2020
PLEASE READ THESE TERMS OF USE, OUR PRIVACY NOTICE, LEGAL DISCLAIMER NOTICE, AND ALL OTHER SD POLICIES CAREFULLY. THESE ARE LEGALLY BINDING DOCUMENTS THAT GOVERN YOUR ACCESS TO AND USE OF THE SD WEBSITE AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS.
BY ACCEPTING THESE TERMS YOU ARE AGREEING TO THE WAIVER OF CERTAIN RIGHTS THAT YOU WOULD OTHERWISE BE AVAILABLE TO YOU UNDER LAW IN CONNECTION WITH ANY DISPUTE RELATED TO YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION: (1) YOUR AGREEMENT TO SUBMIT SUCH DISPUTE TO MANDATORY ARBITRATION (RATHER THAN HAVING THE ABILITY PROCEED IN COURT); (2) YOUR AGREEMENT NOT TO PROCEED WITH INDIVIDUALLY OR OTHERWISE PARTICIPATE IN A CLASS ACTION AGAINST SD; AND (3) YOUR WAIVER OF THE RIGHT TO A JURY TRIAL.
OUR ADULT USE MARIJUANA SITE IS INTENDED FOR USERS TWENTY-ONE (21) YEARS OF AGE OR OLDER AND OUR MEDICAL MARIJUANA SITE IS INRTENDED FOR REGISTERED MEDICAL MARIJUANA PATIENTS OVER THE AGE OF EIGHTEEN (18). IF YOU ARE UNDER THE APPLICABLE FOREGOING AGES, DO NOT USE OR ACCESS THE SITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.
YOU MUST BE OF LEGAL AGE AND POSSESS ANY REGISTRATION CREDENTIALS, AS APPLICABLE, REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
ACCEPTANCE OF TERMS:
By accessing or using the Internet site located at www.sweetdirt.com or any of our mobile sites and applications (collectively the “Site”), any services provided in connection with the Site, applications and software provided online through or in connection with the service, including through a mobile device (collectively, the “Service”), you signify that you have read, understood, and agree to be bound by these Terms of Use, as they may be updated or amended by SD from time to time in its sole discretion. By accessing using the Service, whether as a registered user or otherwise, you agree to the terms and conditions of these Terms of Use. If you do not agree to any of these Terms of Use, you may not use or access the Site. By using or accessing the Site or Service you represent that you are at least 21 years old and that you are legally able to enter into the agreement represented by these Terms of Use.
MODIFICATIONS:
SD may at any time or from time to time, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service, I whole or in part (including any product prices and accepted payment methods; and (c) discontinue the Site and/or Service, in whole or in part. SD shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site or Service following notice of any revision, you shall abide by any such revision.
PRIVACY NOTICE:
SD respects your privacy. Please refer to our Privacy Notice or information on how SD collects, uses, and discloses personally identifiable information from our users and visitors to the Site and your choices concerning the same.
MAILING LISTS:
You may be asked to provide your email address to access or use certain elements of our Site or services.
By providing SD with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. SD may also use your email address to send you other messages, including changes to Service features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending SD an email at legal@sweetdirt.com or by sending mail to the following address: SWEET DIRT Attn: Legal Dept., 987 Harold Dow Hwy., Eliot, ME 03903. Please note that opting-out may prevent you from receiving email messages regarding updates, improvements, or special offers.
RESTRICTIONS:
SD imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SD in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You may not use the account, username, or password of someone else at any time. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to SD servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Members, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Service. If SD believe that you have violated any of these Terms of Use, furnished by SD with false or misleading information, or interfered with use of the Site or the Service by others.
TERMINATION:
Notwithstanding anything to the contrary in these Terms and/or any of our Policies, SD reserves the right, without notice, without liability to you and in SD’s sole discretion, to terminate any of your rights under these Terms of Use (including, without limitation your right to use our Site or Service and to block or prevent your access to and use of our Site or Service) for any or no reason.
INTELLECTUAL PROPERTY; LIMITED LICENSE:
You acknowledge that the Site, Services, and all Site Content and other materials, including, but not limited to, SD logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of SD or its licensors and are protected by US and International copyright, trademark and/or other intellectual property laws. You further acknowledge and agree that any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to SD with respect to the Site, Services or any portion thereof will remain the sole and exclusive property of SD and that SD will be free to use, copy, modify, publish, or redistribute such Suggestions for any purpose and in any way without any credit or compensation to you.
If you agree to all the terms and conditions of these Terms of Use, you are granted a limited, non-sublicensable, non-transferable license to access and use the Site, Services and Site Materials. This license is subject to these Terms of Use and does not include: (i) any resale or commercial use of the Site, Services, or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of the Site, Services, and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) any portion of the Site, Services, the Site Materials or any information contained therein, except as expressly permitted in these Terms of Use; or (vi) any use of the Site, Services, or the Site Materials other than for its intended purpose. Any use of the Site, Services, or the Site Materials other than as specifically authorized in these Terms of Use, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms of Use. Such unauthorized use may also violate applicable laws including, but not limited to, copyright, trademark and/or other intellectual property laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, at SD’s sole and absolute discretion.
TRADEMARKS:
You acknowledge and agree that all trademarks, trade names, service marks and other SD logos, brand features, and product and Service names (collectively the “SD Marks”) are trademarks and the property of SD. You agree not to display or use the SD Marks in any manner without SD’s express prior written permission. Nothing herein should be understood as granting you a license to use any of the SD Marks.
THIRD-PARTY CONTENT:
SD may occasionally provide links to third-party sites on the Site. The linked sites are not under the control of SD and SD is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such linked sites. SD is not responsible for webcasting or any other form of transmission received from any linked site. SD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SD of any linked site.
NO WARRANTIES; LIABILITY LIMITATION:
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, SERVICE, AND/OR ANY SITE CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, “SITE SERVICES") ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. SD DOES NOT WARRANT THAT ANY SITE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. SD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY SITE SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, SD DISCLAIMS ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL SITE SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT KNOWN, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY IMPROPER OR INCORRECT USE OF THE INFORMATION OR SERVICES ON THE SITE AND ASSUME NO RESPONSIBILITY FOR ANYONE'S USE OF THE INFORMATION OR SERVICES, LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES, AND/OR YOUR CONDUCT OR THE CONDUCT OF ANY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES AS A RESULT OF CONTACT WITH THIRD PARTIES AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED VIA THE SITE SERVICES OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO THE SITE, INFORMATION, AND/OR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SD, ITS AFFILIATE ENTITIES, OFFICERS, DIRECTORS, EMPLOYERS, AGENTS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $1000.00 USD.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHICH MAY BE PERCEIVED BY YOU, TO BE CAUSED BY THE INFORMATION OR SERVICES ON THE SITE, OR BY USING THE SITE.
INDEMNIFICATION:
You agree, at your sole expense, to defend, indemnify and hold SD, its affiliates, directors, officers, employees, agents, independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings, at law or in equity, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, Services, and/or Site Materials; (ii) your conduct; (iii) your violation of these Terms of Use or any other SD policy or applicable law and/or regulation; or (iv) your violation of the rights of any third party.
MOBILE USE:
By registering your mobile device on our mobile site(s) or application(s) or providing SD with your mobile phone number, you consent to our use of your mobile number to send you SMS-based communications to the registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message. In the event you elect to opt-out of such SMS-based communications, you may receive an additional message from the Service confirming your election. SD does not warrant that the text messaging service will be uninterrupted or error free. SD does its best to ensure that the Site is accessible through as many mobile device platforms as possible. However, SD cannot and does not guarantee that our Site will be accessible through your mobile device.
GOVERNING LAW/ARBITRATION:
You and SD (each individually a “Party” and collectively the “Parties”) agree that any dispute relating to these Terms of Use or the use of the Site will be resolved solely by the means set forth in this section. If any such dispute arises, you agree to first contact SD directly and the Parties agree to make a good faith effort to resolve the dispute. If the matter remains unresolved for sixty (60) days after your initial contact with SD regarding the dispute, the matter will be submitted to binding arbitration under the rules of the American Arbitration Association. Any such arbitration will be conducted in Portland, Maine - USA. The arbitrator(s) involved in settling any such dispute will have authority to grant specific performance and to allocate the costs of arbitration between the Parties as the arbitrator(s) deems equitable. Any such judgments rendered by the arbitrator(s) may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).
CLASS ACTION WAIVER:
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Site or Service signifies your explicit consent to this waiver.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN A CLASS ACTION SUIT AGAINST SD.
SEVERABILITY; WAIVER:
If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect. SD’s failure to strictly enforce any provision of our Terms and/or Policies will not constitute a waiver of any such provision.
CALIFORNIA USER NOTICE:
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
CLAIMS OF COPYRIGHT INFRINGEMENT:
If you believe that anything made available via the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with SD’s Designated Agent as set forth below.
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
For more details on the information required for valid notification, see 17 U.S.C. 512(c) (3). You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
If a notice of copyright infringement has been filed against you, you may file a counter notification with SD’s designated agent at the address listed below. Such counter notification must contain the following information:
If SD receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.
Contact for DMCA complaints:
Email – legal@sweetdirt.com
COPYRIGHT:
All contents of Site or Service are: Copyright © 2021 NEK Assets, LLC, 987 Harold L Dow Hwy., Eliot, ME 03903, USA. All rights reserved.
CONTACT INFORMATION:
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