This website is operated by Cakest, Inc. (“Cakest” or “We”) and located at cakest.co, cakest.net, bakest.co and cakestreet.co (the “Site”). The following terms and conditions (“Terms”) govern your use of this Site.
By accessing, viewing, or using the content, material, or services available on or through this Site, you represent that you are at least 18 years of age (and, if under the applicable age of consent, that you have the permission of your parent or guardian to access this Site), that you have read and understand these Terms, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
1. Proprietary Rights
As between you and Cakest, Cakest owns all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and Cakest, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to (and accrue to the benefit of) Cakest or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and/or state law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
2. Unauthorized Activities
You agree that you will not use the Site for:
You agree that you will not use the Site for:
(a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws);
(b) modifying, copying, distributing, displaying, decompiling, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with Cakest;
(c) attempting to gain unauthorized access to Cakest’s computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site;
(d) any resale or commercial use unrelated to a commercial transaction with Cakest;
(e) any downloading or copying of the Site Materials for any reason, or any use of data mining, tracking, robots, spyware, or similar data gathering and extraction tools;
(f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes unrelated to a transaction with Cakest; or
(g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials.
You may use the Site and the Site Materials only as consistent with these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Cakest, is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to Cakest and that, in the event of such unauthorized use, Cakest shall be entitled to an injunction without having to post security or a bond in addition to any other remedies available at law or in equity.
3. Purchasing and Shipping Terms
All prices displayed on the Site are quoted in U.S. dollars. Cakest may restrict delivery to addresses within the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. We reserve the right to discontinue or change specifications and prices on products and services offered through the Site, without prior notice and without incurring any obligation to you. Products displayed on this Site are available only while supplies last and Cakest is not obligated to manufacture or create produts to meet or fulfill any orders. Descriptions of, or references to, products or services on this Site do not imply endorsement of that product or service, or constitute a warranty, by us. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your account in the amount of the incorrect price, or provide you with a refund at your election. The risk of loss and title for all products purchased by you and shipped by us pass to you upon our delivery to the carrier for shipment. All shipments are F.O.B. New York. The risk of loss and title for all products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment. We ship perishable items that may only be usable and/or edible for a limited pierod of time after it is shipped. It is your responsibility to use the products in a timely manner. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door. In addition, we are not responsible for (i) items delivered to incorrect addresses supplied by the customer or consigneed; and/or (ii) delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the customer or consignee;
4. Return Policy
If you are dissatisfied with a cake ingredient for any reason, please contact us at email@example.com within seven (7) days of the date you received your cake kit. Depending on the circumstances, we may, in our sole discretion replace the cake ingredient(s) at our expense; (ii) provide you a full or partial refund of the purchase price for that cake ingredient; (iii) or provide you with credits for that cake ingredient that will automatically be applied to future orders.
5. Third Party Websites and Content
The Site may contain links to other websites for the convenience of users in locating and utilizing information, products, or services that may be of interest. The Site may also incorporate features and services provided by third parties. Use of these third party features and services, the Site and the Site Materials, and any other material or content on and made available through the Site is entirely at your own risk. Cakest does not recommend or endorse and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites is at your own risk, and subject to the terms and conditions of such other websites. Cakest does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
The Site and the Site Materials are for informational purposes only. Without limiting anything else in these Terms or otherwise, Cakest is not responsible for any errors or omissions in the Site or Site Materials. The Site is not intended to be a substitute for professional, medical, or other advice, and Cakest no way represents or warrants that the Site provides any such advice or assurances. Cakest, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, products, data, services, links, advertisements or other items contained within the Site. Cakest reserves the right to immediately remove any Site Materials for any reason, or for no reason. Cakest cannot and does not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials and that you may not rely on such Site Materials.
THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH, THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. CAKEST AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. TO SUCH LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES SHALL BE APPLICABLE AS SET FORTH HEREIN TO THE GREATEST EXTENT ALLOWABLE BY LAW. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL OF THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH, THE SITE, IS WITH YOU.
7. Limitation of Liability
TO THE GREATEST EXTENT PERMISSIBLE BY LAW, CAKEST AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CAKEST HAve BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CAKEST AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM ,THE SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH, THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CAKEST AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS. If you are dissatisfied with the Site or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
To the greatest extent permissible by law, you shall hold harmless and indemnify Cakest and its directors, officers, employees, agents, contractors, customers, clients and licensors (“Cakest Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, the services, products, information and other materials on, in and made available through the Site (except to the extent solely attributable to the negligence of Cakest) or any breach by you of these Terms and shall indemnify and hold Cakest Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Cakest. Cakest or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Cakest or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Cakest, subject to the right of Cakest to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
9. Internet Security
Cakest uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Cakest will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Cakest shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Cakest does not guarantee that any information sent from our Site will be secure during transmission, nor can Cakest guarantee the confidentiality of any communication or material transmitted to Cakest via the Site or the Internet, including, for example, personal information such as your name or address.
10. Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Cakest by email at firstname.lastname@example.org with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
11. Changes to these Terms; Termination
Cakest reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. Cakest may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing Cakest with untrue or inaccurate information about yourself, for infringement upon Cakest proprietary rights, or for any other reason whatsoever or for no reason.
12. Governing Law and Jurisdiction
The Site is controlled and operated from within the United States. Without limiting anything else, Cakest makes no representation that the Site, Site Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations are fully responsible for any non-compliance with applicable laws of such location. The waiver or failure of Cakest to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation” and “and” and “or” shall be read as “and/or” (where applicable).
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