TERMS OF SERVICE

OVERVIEW

Welcome to hoodfamousbakeshop.com. Before using, accessing, or visiting our website, or accessing any of our services we encourage you to review these Terms of Service and our Privacy Policy located at http://www.hoodfamousbakeshop.com/privacy which is incorporated in full by reference and collectively referred to as these “Terms”.

By using hoodfamousbakeshop.com, you are agreeing to these Terms. Please read them carefully. If you have any questions, contact us at info@hoodfamousbakeshop.com.

These Terms were last updated on December 12, 2016.

SECTION 1. ACCEPTANCE OF TERMS OF SERVICE

This website (the “Site”) is operated by Hood Famous Bakeshop SPC (“Hood Famous Bakeshop”). Throughout the Site, the terms “we”, “us” and “our” refer to Hood Famous Bakeshop. We offer the Site, including all information, tools and services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms, conditions and policies referenced herein. These Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY STOP USING THE SITE AND ANY SERVICES OFFERED THROUGH THE SITE.

 

SECTION 2. USING THE SITE

Eligibility: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence. If you are below the age of majority in your place of residence, you represent that a party of age to whom you are a dependent consents to your use of the Site.

Permission to Use Site: Subject to your compliance with these Terms, Hood Famous Bakeshop grants you a non-exclusive, non-transferable, non-sublicenseable, worldwide, license for personal, non-commercial, use to access the Site.

Prohibited Use of Site: You may not use our Site or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:

to solicit others to perform or participate in any unlawful acts;

to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

to submit false or misleading information;

to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Site, other Sites, or the Internet;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service or any related Site, other Sites, or the Internet.

We reserve the right to terminate your use of the Site or Services for violating any term of these Terms of Service. You will remain liable for all amounts due up to and including the date of your termination.

Site Updates: Any features or tools that are added to the Site, including the store, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

SECTION 3. CONSENT TO USE OF DATA

Collection and use of data by Hood Famous Bakeshop is described in detail in our Privacy Policy accessible at http://hoodfamousbakeshop.com/privacy. By accessing or using the Site or Services, our server automatically collects certain types of technical data and related information. We use this data to maintain the quality and operation of the Site and Services. This information may include: your IP address, type of device, system and application software, access times, and access platform. We do not log technical data and related information to track your session, we do not use it in a form that personally identifies you, nor do we link technical data and related information to anything personally identifiable.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.

Your submission of personal information through the Site or Services is governed by our Privacy Policy at http://hoodfamousbakeshop.com/privacy.

 

SECTION 4. PRODUCTS OR SERVICES FROM THE STORE

Exclusive Availability Online: Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, which can be found at http://hoodfamousbakeshop.com/returns.

Limited Quantities/Discontinuation: We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

Descriptions and Display: We have made every effort to display and describe our products as accurately as possible. All descriptions of are subject to change at anytime without notice, at our sole discretion.

Modifications to Services, Prices: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5. PURCHASES AND ORDER CANCELLATION

While we value your business, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

SECTION 6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information belonging to you for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy at http://hoodfamousbakeshop.com/returns.

 

SECTION 7. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this Site may direct you to third-party Sites that are not affiliated with our Site. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or content, or for any other materials, products, or services of third-parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the appropriate third-party. You assume the risk for the access or use or the results from your access and use of third party content or websites.

 

SECTION 8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Comments Submitted to Us: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

Acceptable Comments: You agree that your comments will not violate the rights of Hood Famous Bakeshop, or any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Monitoring Comments: We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

SECTION 9. INTELLECTUAL PROPERTY

Any trademark, logo, copyrighted work or material, or other intellectual property or proprietary information (collectively Intellectual Property”) that appears on or through the Site or Services or that belongs to Hood Famous Bakeshop or a third party, is subject to protection under applicable copyright, trademark, patent or other intellectual property laws and treaties of the United States and foreign jurisdictions, all rights reserved. Reproduction of Intellectual Property owned by Hood Famous Bakeshop is strictly prohibited.

 

SECTION 10. ERRORS, INACCURACIES AND OMISSIONS

The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

Occasionally there may be information on our Site or Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 11. NO WARRANTY; LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND YOU ASSUME THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING ANY DEFECT IN THE SITE OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HOOD FAMOUS BAKESHOP DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HOOD FAMOUS BAKESHOP DOES NOT GUARANTEE OR WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OPERATION OF THE APPLICATION OR SERVICES WILL UNITERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

SECTION 12. LIMITATION OF LIABILITY

In no case shall Hood Famous Bakeshop, its directors, officers, employees, affiliates, agents, contractors, personnel, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hood Famous Bakeshop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, personnel, fellows and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 14. MISCELLANEOUS

Entire Agreement: These Terms of Service and any policies or operating rules posted by us on this Site or in respect to Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and Services.

Severability: If for any reason a court of competent jurisdiction finds any part of these Terms unenforceable, the remainder of the Terms shall continue to operate to the fullest extent permissible by law.

No Waivers: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A.

 

 

SECTION 15. CONTACT INFORMATION

Please contact us at info@hoodfamousbakeshop.com, regarding any of your questions or concerns.