Updated April 12, 2017

Welcome to Sweetpea Mobile, a software development agency in the Washington D.C. metro area. The Sweetpea Mobile website (the “Sweetpea Website”) and all of its services (the “Sweetpea Services”) are operated by Sweetpea Mobile, LLC., a Virginia corporation (collectively, “us”, “we” or the “Company”). 

This Terms of Use Agreement (“Terms of Use” or this “Agreement”) sets forth the legally binding terms for your use of the Sweetpea Services. By using the Sweetpea Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Sweetpea Website) or you are a “User” (which means that you have logged into the Sweetpea Services, whether directly or some other means).

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the Sweetpea Website and/or the Sweetpea Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Sweetpea Website and/or the Sweetpea Services. It is your responsibility to regularly review these Terms of Use.

Master Services Agreement

In order to use the Sweetpea Services, you must enter into a Master Services Agreement with the Company. Your use of the Sweetpea Services is subject to the terms and conditions of the Master Services Agreement and these Terms of Use. In the event of any conflict between the Master Services Agreement and these Terms of Use, the Master Services Agreement shall control. If you would like to inquire further about the Sweetpea Services and entering into a Master Services Agreement with the Company, you may contact us at pietro@sweetpeamobile.com.

The Company’s Proprietary Rights

Except as otherwise provided in the Master Services Agreement between you and the Company, all content on the Sweetpea Website and the Sweetpea Services, including but not limited to design, text, graphics, data, software code, documents, messages, ratings, reviews, other files, and their selection and arrangement (collectively, the “Company Content”) are the proprietary property of the Company or its licensors, with all rights reserved. You acknowledge and agree that the Company Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, including laws covering data access and data compilations. 

No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, incorporated into any derivative works or compilations, posted, transmitted, rented or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may not republish the Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. 

You agree not to circumvent, disable or otherwise interfere with security related features of the Sweetpea Services or features that prevent or restrict use or copying of any the Company Content or enforce limitations on use of the Sweetpea Services or the Company Content therein. You agree not to access the Sweetpea Services by any means other than through the interface that is provided by the Company for use in accessing the Sweetpea Services. 

You agree not to reproduce, duplicate, copy, sell or resell, any portion of the Sweetpea Services, use of the Sweetpea Services, or access to the Sweetpea Services, other than as provided within the scope of the Sweetpea Services and as expressly permitted under these Terms of Use or the Master Services Agreement.

Trademarks

All trademarks, logos, trade dress, product names, service names, and service marks on the Sweetpea Website and the Sweetpea Services are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Copyright Policy

We respect the intellectual property rights of others. The Company does not permit copyright infringing activities and infringement of intellectual property rights in connection with the Sweetpea Services and the Company will remove any content from the Sweetpea Services if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting us at founders@atmssg.com and providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;

Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail;

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 the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Privacy

Use of the Sweetpea Website and the Sweetpea Services is also governed by our http://www.sweetpeamobile.com/privacy_policy, which is incorporated into this Agreement by this reference.

Links to Other Websites

The Sweetpea Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Sweetpea Services available on or through any such site or resource. 

If you purchase goods and services on such sites or resources or otherwise engage in commerce activities with the third parties operating such sites or resources, you acknowledge and agree that the Company is not a party to any such transaction or commerce activity, and any recourse you may have with respect to such transaction or commerce activity shall we be exclusively with the third parties operating such sites, and not with the Company. The Company specifically disclaims any and all responsibility or liability in conjunction with any such transaction or commerce activity, including any responsibility to provide customer service or support or otherwise intervene with such third parties.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Sweetpea Services in violation of this Agreement or your violation of any law or the rights of a third party.

Governing Law and Venue

By visiting the Sweetpea Website or using the Sweetpea Services, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of its affiliates.

To the extent you have in any manner violated or threaten to violate the Company’s or any of its affiliates’ proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of the District of Columbia.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Please see our http://www.sweetpeamobile.com/privacy_policy to understand more about using the Sweetpea Services outside the United States.

Term and Termination

The Company may also in its sole discretion and at any time modify or discontinue providing the Sweetpea Website and/or the Sweetpea Services, 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 termination of your access to the Sweetpea Website and/or the Sweetpea Services.

This Agreement and our http://www.sweetpeamobile.com/privacy_policy will remain in effect following the termination of the Sweetpea Website and/or the Sweetpea Services. 

Further, the Company may continue to store and use any data or information about you previously provided or collected by the Company, in accordance with the terms of the http://www.sweetpeamobile.com/privacy_policy

Other

This Agreement, together with our http://www.sweetpeamobile.com/privacy_policy and the Master Services Agreement, if applicable, constitutes the entire agreement between you and the Company regarding the use of the Sweetpea Website and the Sweetpea Services. 

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.