TERMS OF SERVICE
Last updated on January 25, 2013
IMPORTANT! YOU SHOULD READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY AS THESE TERMS GOVERN YOUR (the “User” or “You”) USE OF STARTER BAKERY’S (“COMPANY”) WEB SITE (the “Web Site”). THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IN ADDITION, THESE TERMS INCLUDE VARIOUS LIMITATIONS OF LIABILITY, DISCLAIMERS AND THE COMPANY DOES NOT PROVIDE ANY WARRANTIES FOR THE USE OF THE SERVICE OR THE SITE. FURTHER, THESE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS REGULARLY.
Use of the Company’s Web Site is void where prohibited. By using the Company’s Site, you represent and warrant that: (a) you are eighteen (18) years or older; (b) you agree to provide accurate and truthful information, including your first and last name, when registering with the Web Site; (c) you agree to maintain the accuracy of such information; and (d) your use of the Company’s Web Site does not violate any law or regulation.
2. Permitted Use.
User has a nonexclusive, nontransferable, limited and revocable right to use the Web Site solely for User’s personal educational and informational use only. User will not use the Web Site for any other purposes, including any commercial purpose, without the Company’s express written consent.
3. Changes to the Terms.
The Company reserves the right, at its sole discretion, to modify, delete, add or change these Terms at any time without notice. If the Company modifies, deletes, adds or changes these Terms, the Company will post the changes on this web page and indicate at the top of the web page the date of last revision of these Terms. Your continued use of the Company’s Web Site after the Company has posted a revised Terms indicates your acceptance of the revised Terms. If you do not agree to the revised Terms, then do not access or use the Web Site. As a result, you should regularly review these Terms and you may review the current version of these Terms at any time at www.starterbakery.com.
4. Restrictions on Use of the Web Site.
You agree that you will not:
5. Company’s Content and Other Proprietary Rights.
Company or its third party licensors own the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, softwares and all other elements and components of the Web Site (“Company’s Content”). The Company or its third party licensors own the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Company’s Content and the Web Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of Company’s Content in whole or in part except as expressly authorized in writing by the Company. The Company does not grant any express or implied rights, and all rights in and to the Site and to Company’s Content, are retained by the Company.
6. NO WARRANTY.
THE COMPANY PROVIDES THE SERVICE AND THE SITE “AS-IS,” WITH ALL FAULTS AND AS AVAILABLE. THE COMPANY GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT AND INCLUDING THOSE ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OR THAT IT WILL MEET YOUR REQUIREMENTS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
7. LIMITATION OF LIABLIITY.
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OR FOR LOST PROFITS OR LOST DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, VIDEO, OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANY OF THE FOREGOING, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR USE OF THE SERVICE OR SITE, BUT IN NO CASE SHALL THE COMPANY’S LIABILITY TO YOU EXCEED $250. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO THE COMPANY FOR THE USE OF THE SERVICE OR SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION. THE LIMITATIONS OF LIABILITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
10. Site Availability.
Company reserves the right at any time and for no reason to modify, update or discontinue, temporarily or permanently, all or any portion of the Web Site with or without notice.
Any notice from you to the Company must be addressed to Starter Bakery, 901 Gilman Street, Suite B, Berkeley, CA 94710 /span>. These Terms are in electronic form. There may be other information regarding the Web Site that the law requires us to send you. You consent to the Company sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using the Web Site. We may provide required information to you by email at your registered email address or by access to the Web Site www.starterbakery.com or another web site designated in an email notice or generally designated in advance for this purpose. Notices provided to you by email will be deemed given and received on the transmission date.
You understand and agree that these Terms and any notices given pursuant to these Terms are enforceable in electronic format. These Terms constitute the complete agreement and supersede all prior agreements between you and the Company. These Terms are governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from these Terms will be subject to the exclusive jurisdiction and venue of the state and federal courts located in the Northern District of California; to which jurisdiction and venue you and the Company each irrevocably consent. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. The Company’s failure to act or your failure to act with respect to a breach does not waive the Company’s rights or your right act subsequently. You may not assign or transfer rights under these Terms, or delegate any duties. The Company retains the right to assign its rights under these Terms or delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. These Terms will bind the Company’s successors and permitted assigns.