Sweetz Wholesale — Terms of Use
Effective date: October 29, 2025
Welcome to the Sweetz Wholesale Portal (the “Portal”). By creating an account, accessing, or using the Portal, you agree to these Terms of Use (the “Terms”).
1) Eligibility & Authorized Use
The Portal is for Sweetz Cheesecake (“Sweetz”) business customers and their authorized personnel only. By using the Portal, you represent and warrant that:
- You are at least 18 and acting on behalf of a legitimate business customer of Sweetz.
- You are authorized to place orders and manage the account for your business.
- All information you provide is true, accurate, and kept current.
2) Accounts, Security & Electronic Communications
- Credentials. You must keep your login credentials confidential and promptly notify Sweetz of any suspected unauthorized access.
- Password handling. We store passwords only as salted, hashed values (never as raw/plaintext).
- Two-step verification. We may offer optional multi-factor verification (e.g., one-time codes).
- Your security responsibilities. Use updated browsers/OS, maintain device security, and log out on shared devices. You are responsible for activity under your account unless caused by Sweetz’s breach of these Terms.
- Electronic communications. You consent to receive transactional communications electronically (e.g., order receipts, status, security alerts). See Section 4 and the Privacy Notice for details.
3) Ordering, Pricing, Payment & Delivery
- Minimums & cut-offs. Orders may be subject to product minimums, order cut-off times, and designated delivery windows published in the Portal or provided by your Sweetz representative.
- Review before submit. Please review orders carefully prior to submission. After cut-off, change requests may not be possible.
- Acceptance & availability. Sweetz may accept or decline any order at its discretion. If an item is unavailable, Sweetz may (when permitted) substitute reasonably comparable items or issue a refund/credit for the unavailable portion.
- Pricing & taxes. Prices are subject to change until order acceptance. Applicable taxes, fees, and delivery charges will be added as required by law.
- Payment terms. Payment terms (e.g., due upon receipt, net terms) will be as stated on invoices, or in your customer agreement.
- Delivery windows. Delivery times are good-faith estimates and may shift for operational or safety reasons (e.g., weather, traffic).
- Inspection on delivery. Inspect products at delivery for visible shortages or damage and note any issues immediately on delivery documentation or notify Sweetz within 24 hours with photos and order details.
4) Communications You’ll Receive
We send transactional communications necessary to operate the Portal and fulfill orders, including:
- Order receipts and updates (e.g., item changes, substitutions)
- Delivery status (e.g., In-Transit / Delivered)
- Operational and security notices (e.g., password resets, verification, unusual activity)
- Optional weekly reminder emails
Preferences. In your profile you may control certain notifications (e.g., order/update emails and delivery status emails).
5) Food Safety, Storage & Returns
- Perishable goods. Our products are perishable and may contain allergens (e.g., dairy, eggs, gluten, nuts). Follow storage/handling instructions.
- Returns. For food safety, we generally cannot accept returns of perishable products. If you experience a quality issue, contact Sweetz within 24 hours of delivery with photos and a description. If verified, Sweetz may provide a replacement or credit at its discretion.
- Improper storage/handling. Sweetz is not responsible for quality issues resulting from improper storage, handling, or use after delivery.
6) Acceptable Use
- Do not access the Portal in a way that harms, degrades, or unduly burdens it or other users;
- Do not bypass or attempt to bypass security; reverse-engineer; scrape; or use automated tools (e.g., bots) not expressly permitted;
- Do not use the Portal for unlawful, infringing, or misleading purposes.
We may suspend or terminate access for suspected violations or security risks. Sweetz may monitor access/activity consistent with the Privacy Notice.
7) Intellectual Property & Feedback
The Portal (including content, branding, software, and documentation) is owned by Sweetz or its licensors and protected by law. Sweetz grants you a limited, revocable, non-transferable license to use the Portal solely to place and manage business orders with Sweetz. If you provide feedback, ideas, or suggestions, you grant Sweetz a royalty-free, perpetual license to use them without restriction or compensation.
8) Confidentiality
Non-public information you receive from Sweetz through the Portal (including pricing, product roadmaps, or operations notes) is Sweetz confidential information. Do not disclose it except to your personnel who need to know for ordering and are subject to similar confidentiality obligations.
9) Beta / Experimental Features
From time to time, Sweetz may make beta or experimental features available. They are provided as-is, may change or end at any time, and may be subject to additional terms.
10) Service Changes & Availability
We may modify or discontinue the Portal or any feature. We strive for high availability but do not guarantee that the Portal will be uninterrupted or error-free.
11) Disclaimers; Limitation of Liability
THE PORTAL AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SWEETZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT).
TO THE FULLEST EXTENT PERMITTED BY LAW, SWEETZ WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; OR LOSS OF DATA. SWEETZ’S TOTAL LIABILITY RELATING TO THE PORTAL WILL NOT EXCEED THE AMOUNTS YOU PAID TO SWEETZ FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT.
12) Indemnification
You agree to defend, indemnify, and hold harmless Sweetz from claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your misuse of the Portal; or (c) any allegation that information you submit violates law or third-party rights.
13) Force Majeure
Sweetz is not liable for delays or failures caused by events beyond its reasonable control (e.g., weather, labor issues, transportation failures, supplier shortages, power outages, acts of government).
14) Changes to These Terms
We may update these Terms. If changes are material, we will notify you (e.g., email or in-Portal notice). Your continued use after the effective date constitutes acceptance of the revised Terms.
15) Governing Law, Venue & Disputes
These Terms are governed by the laws of the State of Maryland, without regard to conflicts-of-law rules. Except for (i) individual claims in small-claims court and (ii) claims for injunctive relief, any dispute arising out of or relating to these Terms or the Portal will be resolved by binding arbitration under the Federal Arbitration Act and the JAMS Streamlined Arbitration Rules before a single arbitrator. The hearing will occur in Montgomery County, Maryland, or by remote video if permitted. Class actions and class-wide arbitration are waived. Judgment on the award may be entered in any court of competent jurisdiction. For small-claims cases or injunctive relief, venue lies in the state courts of Maryland sitting in Montgomery County, Maryland, or the U.S. District Court for the District of Maryland, Southern Division (Greenbelt), and the parties consent to those courts. Providing or delivering products into other states (including Virginia) does not alter this choice of law, arbitration, or venue.
16) Entire Agreement; Assignment; Severability
These Terms (plus any applicable order forms/invoices) constitute the entire agreement regarding the Portal. You may not assign these Terms without Sweetz’s prior written consent. If any provision is found unenforceable, the remainder remains in effect.
Contact: info@sweetzcheesecake.com | (301) 590-1159 • Address: 8367 Snouffer School Rd. Gaithersburg, MD 20879