Terms of Use Agreement

This Agreement was last revised on July 13th, 2009

Welcome to SweetieCakesFashions.com, the website and online service of Sweetie Cakes Fashions, LLC, LLC ("Company" "we," or "us"). This page explains the terms by which you may use our service. By accessing or using the Company services, website and software provided through or in connection with the service ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

1. Use of Our Service
Company grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to visit Company. To access certain features of the Service, though, you will need to register with Company and create a "Member" account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Company or others due to such unauthorized use.
By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We reserve the right to determine whether you may opt out of Service-related emails. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
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 the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
Company may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Company's sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User's action or inaction.

2. User Content
Some areas of the Service may allow Users to post feedback, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) and rights of publicity and privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Company takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Company is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Company shall not be liable for any damages you allege to incur as a result of such User Content.

3. License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.

4. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.

5. Eligibility
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Company may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

6. Privacy
We care about the privacy of our Users. Please see our posted Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

7. Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address;

5. A statement 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 law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:

AtomicOnline, LLC
4859 W. Slauson Ave., Suite 549
Los Angeles, CA 90056
Attn: General Counsel
Email: legal@atomiconline.com
Phone: (310) 449-1890
Facsimile: (310) 449-1891

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. Your User Content and Company's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
c. Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

10. Third-Party Websites, Advertisers or Services
Company may contain links to third-party websites, advertisers, or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Company, you do so at your own risk, and you understand that this Agreement and Company's Privacy Policy do not apply to your use of such sites. You expressly release Company from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on Company, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

11. Indemnity
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

12. No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS 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.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

14. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

15. General
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, unless submitted to arbitration as set forth in the following paragraph.
B. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C. Notification Procedures. Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
D. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Company via the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
E. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

When you use this Web Site, you are automatically agreeing that both your access to the site and your use of it are:

• Subject to the terms and conditions in this legal notice, which may change at any time without notice.
• Subject to all applicable laws.
• Undertaken at your own risk.

Please refer to this page frequently to review our current terms and conditions of use.
Copyright
The following elements of this Web Site are the property of Sweetie Cakes Fashions, LLC or our suppliers and are protected by United States and international copyright laws:

• All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations—both individually and as they are compiled on the site.
• All software.

Trademarks
The trademarks or trade dress of Sweetie Cakes Fashions, LLC, trademarks or trade dress include the Sweetie Cakes Fashions, LLC names and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Sweetie Cakes Fashions, LLC and Logo products, services, and programs, and those of our affiliates.
Sweetie Cakes® is a registered trademark of Sweetie Cakes Fashions, LLC
All other trademarks that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
Use
You have permission to electronically copy and print hard copies of pages from this Web Site solely for personal, non-commercial purposes related to placing an order or shopping with the Web Site. Unless we give you written permission in advance, any other use of this Web Site, its content and its information, including linking or framing to this Web Site, are strictly prohibited.
Errors & Inaccuracies
Our goal is to provide complete, accurate, up-to-date information on our Web Site. Unfortunately, it is not possible to ensure that any Web Site is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this Web Site, its content, or the information available on or through it; they are provided “as is,” with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this Web Site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
No Confidentiality
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web Site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
Applicable Law
By visiting this Web Site, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.
Disputes
Any dispute relating in any way to your visit to our Web Site or to products purchased here shall be submitted to confidential arbitration in San Diego. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web Site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
Protecting Your Information
As part of our ongoing commitment to ensure that your shopping experience with the Web Site is protected, we will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.

EXCHANGES
Please return the item with your receipt and we will refund the amount minus a flat 6.00 Shipping Rate. Then re-visit us online and purchase the item you would like to have instead.
OUR MISTAKE MERCHANDISE EXCHANGES
Include a letter outlining the mistake. If it was in fact our mistake, ((We will check the original electronic order to make that determination.)) , then  mail you the correct item and refund your return shipping cost with a check and an apology. Please allow 14 business days for exchanges.

Other Shipping Method
Please be sure to send merchandise to the following address:

SWEETIE CAKES FASHIONS
ATTN: Customer Returns / Exchange
1098 Winding Oak Dr.
Chula Vista, CA 91910

You'll receive a confirmation email (for online orders) once the package has arrived at our facilities.

In San Diego - FREE
If you are in San Diego give us a call and we can make things right. Bring the packing slip, Item and the credit card you used when you placed the order and we can make right any problems you may have.

RETURNS
If the item is not what you expected, or it is incorrect we will take it back. If:

REFUND
If you would like to be refunded please send the item back and we will refund your credit card or paypal account the amount !! MINUS !! the original shipping costs.

CREDIT CARDS
If you ordered by credit card, we'll credit your account will receive refund within 14 business days and it will show on your next statement depending on the issuing bank and / or billing cycle.

Privacy Policy
To help us achieve our goal of providing the highest quality products and services, we use information from our interactions with you and other customers, as well as from other parties. Because we respect your privacy, we have implemented procedures to ensure that your personal information is handled in a safe, secure, and responsible manner.
We have posted this Privacy Policy in order to explain our information collection practices and the choices you have about the way information is collected and used.
As we continue to develop our Web Site and take advantage of advances in technology to improve the services we offer, this Privacy Policy likely will change. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current Privacy Policy.
This Privacy Policy was last updated on July 2nd, 2009.
The Information We Collect
Generally, you may browse the Web Site without providing any personally identifiable information. However, we may ask you to provide personally identifiable information at various times and places on this Web Site. In some cases, if you choose not to provide us with the requested information, you may not be able to access all of this Web Site or participate in all of its features.
We receive and store any personally identifiable information you enter on the Web Site, whenever you shop with us—online, through our catalogs, or in our stores, or information you give us in any other way. For example, we may collect the following personally identifiable information: your name, address, telephone number, birth date, and e-mail address. If you use a credit or debit card or pay by check, we will also include your account number.
When you register with us as an online customer, we may ask for additional information, such as your first pet’s name.
If you use one of our services, or participate in one of our promotions or sweepstakes, we may ask for additional information, such as your age, interests or product preferences.
From your purchases and other interactions with us, we obtain information concerning the specific products or services you purchase or use.
When you visit this Web Site, our web server automatically collect anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our site design, product assortments, customer service, and special promotions.
How We Use the Information We Collect
We use the information we collect for various purposes, including:

• to complete your purchase transactions
• to provide the services you request
• to send you our catalogs and other offerings by mail
• to keep you informed about the status of your orders
• to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
• to notify you of product recalls or provide other information concerning products you have purchased
• to improve our merchandise selections, customer service, and overall shopping experience

Others With Whom We Share Your Information

Other than putting your address on a parcel. We do not and will not share, sell or rent any information with anyone outside the Sweetie Cakes Fashions company Period.!!!!
Your Choices Regarding Use of the Information We Collect
We provide you with a number of choices regarding our handling of your nonpublic personally identifiable information.
Direct Mail: If you wish to be removed from the list of customers that receive direct mail or telemarketing calls, please either:

• Write to: Sweetie Cakes Fashions,  1089 Winding Oak Dr. 91910
• or call 619.894.2097
• or email mrkt@sweetiecakesfashions.com

If you choose to write to us, please include your name, address and credit card account number (if you have one), and state one of the following:

• “NO MAIL OFFERS” (if you don’t want to receive offers by mail);
• “NO PHONE OFFERS” (if you don’t want to receive offers by phone); or
• “NO PHONE OR MAIL OFFERS” (if you don’t want to receive either).

Because customer lists often are prepared well in advance of an offering (sometimes few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. We appreciate your patience and understanding in giving us time to carry out your request.
Please note that we always offer an opt. out option in all our newsletters.
If you would like to opt out of being contacted via email please do so at:
mrkt@sweetiecakesfashions.com
Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Sweetie Cakes Fashions Relations, 1098 Winding Oak Dr., Chula Vista, CA 91910.  Please allow 30 days for a response.
Cookies, Web Beacons, and how we use them
A “cookie” is a small data file stored by your Web browser on your computer’s hard drive. It allows us to recognize your computer (but not specifically who is using it) upon entering our site by associating the identification numbers in the cookie with other customer information you have provided us. That customer information is stored on our secured database. A “web beacon” or “pixel tag” or “clear gif” is typically a one-pixel image, used to pass information from your computer to a website.
We use cookies and web beacons to keep track of what you have in your shopping cart and to remember you when you return to the Web Site as well as to identify the pages you click on during your visit to our site and the name of the Web site you visited immediately before clicking to SweetieCakesFashions.com. We use this information to improve our site design, product assortments, customer service, and special promotions. You can, of course, disable cookies and web beacons on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our Web Site will not operate correctly if you disable cookies.
We may contract with third parties who may use cookies and web beacons and collect information on our behalf or provide services such as credit card processing, shipping, promotional services or data management. We call them our Customer Care Partners. These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our other Customer Care Partners. However, we respect your right to choose whether to be included in such services.
Children’s Privacy
Protecting children’s privacy is important to us. Our Web Site is a general audience site. We do not collect or maintain information from those we actually know are under 13, and no part of our Web Site is targeted to attract anyone under 13. We also do not send e-mail correspondence to anyone who tells us that they are under the age of 13 without their parent’s consent. Our online sweepstakes are restricted to entrants who are at least 18 years old.
Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children's access to the web.
Links to Other Sites
While visiting the Web Site, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any Web Site you may access through this Web site. They are independent from us, and we have no control over, or responsibility for, their information or activities.
In addition, our privacy practices may differ from those of these other sites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not the Web Site Privacy Policy. Make sure you understand any site’s privacy policies before providing personal information.
Online Account Registration
To make online shopping faster and easier, you may register with the Web Site. As a registered customer, you only have to enter your shipping addresses and billing information once; they will be securely stored with us for your future use. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information.
If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.
E-Mails
You will receive promotional e-mails from us only if you have asked to receive them. If you do not want to receive e-mail from Sweetie Cakes Fashions you can click on the unsubscribe link and hit send at the bottom of any e-mail communication sent by us. Your removal will be immediate and non- reversible by policy. The only work around will be to use a different email address.

Acceptance
By using this Web Site, you accept the policies set forth in this Privacy Policy.
Any Questions?
We’ll be happy to provide additional information or answer any questions. Please:

• Call 1.619.894.2097
• Write: Customer Relations, 1098 Winding Oak Dr., Chula Vista CA, 91910

SECURITY
Security Personal information provided on the Web Site and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL), encryption technology. When the letters “http” in the URL change to “https,” the “s” indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you're about to enter a secure area. We are committed to handling your personal information with high standards of information security. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. Our website uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL encrypts ordering information such as your name, address and credit card number. Our customer service center and stores also operate over a private, secure network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.

SHIPING TIME
Please allow 7 to 10 business days just in case your order has been placed in a backorder incident. However normally 3 to 5 business days is the average turn-around time.

Parcels are shipped out on business days Monday through Friday.

BACKORDERS
We do not offer express or rush mail options to allow for backorder incidents.
If you provide us with a valid email during checkout Sweetie Cakes Fashions will send you a notice letting you know if your order is on backorder. This is a rare occurrence but we have this policy in place for such a contingency. Upon receiving the email you can choose to wait or cancel the standing order.

What is a Backorder?
When one or more items are unexpectedly out of stock and have been order from the factory / manufacturer.