HOME BAKERY INC TERMS OF USE
By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions, together with such additional terms and conditions, where applicable, and the Home Bakery Inc (Gingerbread House Bakery) Privacy Statement are collectively referred to as this "Agreement."
By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. By using areas of the Site on which other terms and conditions are posted, you express your understanding and agreement that you are bound by those terms and conditions as well If you are unwilling to be bound by these general terms and conditions, do not use the Site. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas.
Home Bakery Inc reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
1. Intellectual Property
The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Home Bakery Inc or affiliates, partners, contributors or third parties.
Home Bakery Inc grants you a personal, non-exclusive, non-transferable license to use the Site, the Service, and the Contents and to download, print and store portions of the Contents that you select; provided, however, that you; (1) use those portions of the Contents only for your own personal, non-commercial use;(2) do not copy or post the Contents on any network computer or transmit, distribute, publish or broadcast the Contents in any media; and (3) do not modify or alter the Contents in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Contents or materials is transferred to you as a result of this license. Home Bakery Inc reserves complete title and full intellectual-property rights in any Contents you download from the Site, subject to the limited license set forth herein for you to make personal, non-commercial use of the Contents.
You may not mirror or frame the home page or any other pages of this Site on any other website or webpage. You may not connect "deep links" to the Site, or in other words create links to this site that bypass the home page or other parts of the Site. You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
2. Transactions
Transactions for the purchase or sale of goods or services facilitated by use of the Site will be governed by the Terms of Use unless specifically stated otherwise in a particular area of the Site. No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon Home Bakery Inc unless agreed to by Home Bakery Inc in writing. Home Bakery Inc reserves the right, without prior notification and in its sole discretion, to limit the order quantity on any item and to refuse service to anyone.
3. Disclaimers
3.1 Health Information. The Contents are for informational purposes only. None of the Content is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on the Site. The Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.
Some bakery products processed on the Home Bakery Inc premises may contain FD and C yellow #5. The apple in the apple filling is prepared with sulfur dioxide and or sodium sulfite. The Home Bakery Inc also uses wheat flour, milk, eggs, peanuts and tree nuts in our products. For people with allergic reactions to these products we can not guarantee the safety of any items produced on these premises.
3.4 Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Home Bakery Inc of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Home Bakery Inc is not responsible for the availability of any such web sites and that Home Bakery Inc  does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other web site.
3.4 Third Party Contents. The Site may contain information or contents provided by third parties not related to Home Bakery Inc . The presence of such third party information and con- tents does not constitute or imply an endorsement, sponsorship, or recommendation by Home Bakery Inc  of the third party or such information or contents. You acknowledge and agree that Home Bakery Inc  is not responsible for availability of any such information or contents and that Home Bakery Inc  does not endorse or warrant, and is not responsible or liable for, any such information or contents.
3.6 Downloading Files. Home Bakery Inc  cannot and does not guarantee or warrant that files available for downloading through the Site will be free from infection by software viruses or other harmful computer code, files or programs. All risk as to the quality and performance of the Site and the Service and the accuracy of the Content shall be borne solely by you.
3.7 Promotional Offers. From time to time the Site may provide information about promotional offers Home Bakery Inc  sponsors alone or in connection with others. It is not always possible to include all the details concerning such programs on the Site. Detailed information regarding such programs will be available at your participating Home Bakery Inc  locations and we encourage you to review this information before participating in any promotional programs. Promotional offers are subject to local law and are void where prohibited.
4. Disclaimer Of Warranties
Home Bakery Inc  makes no express or implied warranties, representation, or endorsements whatsoever with respect to the site, the service, or the content. Home Bakery Inc  expressly disclaims all warranties of any kind, express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantablity, fitness for a particular purpose, title and noninfringment with regard to the site, the service, and the contents. Home Bakery Inc  does not warrant that the functions performed by the site or the service will be uninterrupted, timely secure, or error-free, or that defects in the site or the service will be corrected. Home Bakery Inc  does not warrant the accuracy or completenes of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an "as is" and "as available" basis.
5. Limitation of Liability
You understand and agree that under no circumstances will Home Bakery Inc  be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, punitive, exemplary, or other damages arising out of (I) the use of or inability to use the site, the service, or the content, (II) any transaction conducted through, or facilitated by, the site, (III) any claim attributable to errors, omissions, or other inaccuracies in the site, the service, and/or the content, (IV) unauthorized access to or alteration of you transmission or data, (V) statements or conduct of any third party on the site or the service, or (VI) any other matter relating to the site, the service, or the contents, even if Home Bakery Inc  has been advised of the possibility of such damages.
If you are dissatisfied with the site, the service, the content, or the terms of use, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at you sole risk.
6. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Home Bakery Inc , its affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fee, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
7. User Conduct
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Contents. You agree not to add to, subtract from, or otherwise modify the Contents. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. User Supplied Information
If you supply or post any information or material to the Site, you guarantee to Home Bakery Inc  that you have the legal right to post such material and that such materials will not violate any law or the rights of any person or entity. By posting material on the Site, you give Home Bakery Inc  the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
9. General Provisions

9.1 Entire Agreement/No Waiver. These terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Home Bakery Inc  of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
9.2 Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Home Bakery Inc  therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Home Bakery Inc  does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
9.3 Enforcement/Choice of Law/Choice of Forum. If any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. This Agreement shall be governed by, and will be interpreted according to the laws of the State of Minnesota, U.S.A., without regard to any conflict of laws provisions.


Date of Last Modification: February 22, 2009

 

 

 

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