Thank you for downloading the Sugar Living mobile device application (the “App”) which allows residents of a property which have a subscription to Jetpack, Inc.’s (“Company” or “we” or “our” or “us”) software services (the “Property”) to (i) communicate with other residents, visitors and property managers; and (ii) access and use access control service (such as allowing access to property units and common areas for the property to the extent permitted pursuant to your property manager’s (“Manager”) configuration) (such service collectively with and as accessed via the App, the “Service”).  These Terms of Service (“Agreement”) govern your browsing, viewing and other use of the Service via the App. Please do not download or use the App unless (a) your Manager has an agreement with Company pursuant to which you have been offered access to the Service; or (b) either a Manager or a user described in the foregoing clause (a) has sent you a QR code or other invitation to use the App in connection with the permitted use of the App at the Property.Please read this Agreement carefully, as it (among other things) provides in Section 17 that you and the Company will arbitrate certain claims instead of going to court and that you will not bring class action claims against the Company.  Please only create a Service account or otherwise use the Service if you agree to be legally bound by all terms and conditions herein.  If you are viewing this on your mobile device, you can also view this Agreement via a web browser at https://www.sugarliving.com/privacy-policy.  Your acceptance of this Agreement creates a legally binding contract between you and the Company.  If you do not agree with any aspect of this Agreement, then do not accept this Agreement, create a Service account or otherwise use the Service.Note for Children.  Use of the Service by anyone under the age of 18 is prohibited.  By using the Service, you represent and warrant that are you at least 18 years of age.The Company’s Privacy Policy, at https://www.sugarliving.com/privacy-policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information by the Company in connection with the Service.  The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclose practices set forth therein.The Service allows for users to post and otherwise upload content that may be viewed by other users.  As further described in Section 9.4, inappropriate content, including without limitation content that is obscene, pornographic or defamatory, is not allowed. If you see any prohibited content within the Service, please use the reporting feature to notify the Company. Users who upload prohibited content may have their accounts terminated.How it Works. Depending on the configuration of the Service for your Property, you may have access to any or all of the following Service functionality: (i) the ability to post and respond to notification, messages, events and other content posted by the Manager and other Service users; (ii) the ability to communicate via video, audio or otherwise with Property visitors, the Manager and/or other Service users; (iii) the ability to generate access codes to allow Property visitors, the Manager and/or other Service users to access your unit within the Property; (iv) pay rent through integrated third party payment services; (v) submit maintenance requests to the Manager; (vi) the ability for Property residents to buy or borrow items from other Property residents; and (vi) such other functionality as may be provided through the App from time to time. All information, content and media you upload via the App are Your Content (as defined below). User profiles are accessible and viewable in the Service solely to the extent specified by you in in the App settings. Rental payment services are provided via third party services integrated into the App, and we have no liability in connection with such third party services. Likewise, your interactions with other users with respect to buying or borrowing items are at your sole risk. We have no control over the terms or circumstances of such interactions or related agreements, and expressly disclaim any liability in connection therewith.Video Functionality. The Service may include video conference functionality provided by Twilio Inc., or such other provider as we may use for such purpose from time to time (“Video Provider”) as integrated within the Service (“Video Service”). The Video Service is provided as a means to enable the functionality of the Service, including by allowing you to have video calls with visitors to the Property, pursuant to which you may, for example, give such visitors to the Property access to common areas or your Property unit (“Access Control Services”). You understand and agree, without limiting the other terms of this Agreement, that the content of your interactions pursuant to the Video Service are Your Content, and subject to the applicable terms of this Agreement and our Privacy Policy, as well as the Video Provider’s privacy policy, as may be further described in our Privacy Policy. You understand and agree that Company has no control over, and no liability in connection with, your decision to grant a visitor access to any part of the Property pursuant to your use of the Video Service.Access Control. To the extent implemented at your Property, the Service may provide Access Control Services for common areas and/or individual Property units. You agree to use the Access Control Services solely for legitimate, legal and authorized activities and not for any illegal purposes. You are responsible for any activity associated with your use of the Access Control Services, and for notifying Company and the Manager if you become aware of any unauthorized access to the Property, including your Property unit. We and the Manager each reserve the right to disable any such credentials at our sole discretion. Company will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you, the Manager, other Service users or any third parties may incur as a result of unauthorized or improper use of the Access Control Services or the results of such use, with or without your knowledge, and regardless of whether you have or have not advised us or the Manager of such unauthorized or improper use or results thereof. In such case, you will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Company, Manager or a third party due to such unauthorized or improper use or the results thereof.  Representations and Warranties. You represent, warrant and covenant that, in connection with this Agreement or the Service, you will not and will not attempt to: (i) violate any laws, third party rights or our community guidelines and other policies; (ii) re-join or attempt to use the Service if the Company or the Manager has banned or suspended you; (iii) defraud the Company or another user; or (iv) use another user’s account or allow another person to use your user account.  Any illegal activities undertaken in connection with the Service may be referred to the authorities.License to Use the App. Subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to use the App on a compatible mobile device for your personal use, in each case in the manner enabled by the Company. If you are using the App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s App Store Terms of Service.Ownership; Proprietary Rights. As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.  You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the Service or any version(s) thereof at any time in its sole discretion, with or without notice.Third Party Sites. The Service may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third-party sites and services, products or services made available through them, or your use of or interaction with them.Mobile Services; SMS. Use of the App requires usage of data and messaging services provided by your wireless service carrier. In particular, the App may use SMS messaging to provide you information relating to your use of the App. You hereby consent to receiving such messages. You acknowledge and agree that you are solely responsible for data usage fees, messaging fees and any other fees that your wireless service carrier may charge in connection with your use of the App. Your Content.The Service allows you and other users to upload or otherwise provide via the Service certain video, text, images and other media (“Your Content”). Your Content may be viewable by other users of the Service in accordance with the intended functionality of the Service. You acknowledge that all of Your Content is stored on and made available through the Service by the Company’s or its third party providers’ servers and not on your device.You understand that all Your Content is provided through the Service only on an “as-available” basis and the Company does not guarantee that the availability of Your Content will be uninterrupted or bug-free. You agree you are responsible for all of Your Content and all activities that occur under your user account.You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit and prepare derivative works of Your Content, and to additionally distribute and publicly perform Your Content in connection with the Service and the Company’s (and its successor’s) business, in any media formats and through any media channels.  You also hereby grant to each user of the Service a non-exclusive license to access and view Your Content as permitted by the functionality of the Service and this Agreement.In connection with Your Content, you further agree that you will not: (i) use material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature. The Company may determine in its sole discretion whether to remove any of Your Content, which it reserves the right to do at any time. The Company may investigate an allegation that any of Your Content does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such of Your Content, which it reserves the right to do at any time. If you are a copyright holder and believe in good faith that your content has been made available through the Service without your authorization, you may follow the process outlined at https://www.sugarliving.com/privacy-policy to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.You hereby acknowledge that you may be exposed to content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Service, and further acknowledge that the Company does not control the content posted by Service users and does not have any obligation to monitor such content for any purpose.Prohibited Uses. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.  You agree not to scrape or otherwise use automated means to access or gather information from the Service and agree not to bypass any robot exclusion measures we may put into place.  In addition, you agree not to use false or misleading information in connection with your user account and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).Additional Terms. When you use certain features or materials on the Service, or participate in a particular promotion, event or contest through the Service, such use or participation may be subject to additional terms and conditions posted on the Service. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Service account by reaching out to chat support from within the App. Note that deleting the App from your device will not terminate your Service account. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Service, at any time and without notice.  The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.  You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2 (last sentence), 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 will survive any termination of this Agreement.Apple. You hereby acknowledge and agree that Apple, Inc.: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iii) is not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) is a third party beneficiary of this Agreement with the right to enforce its terms against you directly.Disclaimers; No Warranties. THE SERVICE AND ANY CONTENT, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS OR USE BY THIRD PARTIES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.Indemnification. You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Service, breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS.Arbitration.Agreement to Arbitrate. This Section 17 is referred to herein as the “Arbitration Agreement.” The parties agree that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies).  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 16. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules.  Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 17.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 17.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.Miscellaneous. The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.  Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to arbitration under Section 17 shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.More Information; Complaints. The services hereunder are offered by Jetpack, Inc., located at 3033 Wilshire Blvd #1510 Los Angeles, CA 90010 and support@sugarliving.com  If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
