Terms

These Terms of Use (“Terms of Use” or “Agreement”) govern your access to and use of the Baking for Good Website (“Website”) operated by Baking for Good LLC (“Baking for Good” or “we” or “us”). If you, a visitor to this Website (“you”), do not wish to be bound by these Terms of Use, you should cease accessing the Website. Your continued accessing of the Website indicates your acceptance of, and agreement to be bound by, these Terms of Use. These Terms of Use may change from time to time. The latest version of these Terms and Conditions will govern any subsequent usage of the Website. These Terms of Use are current as of August 1, 2012.

  1. PURPOSE. We sell products to customers (“Customers”) and, in connection with those sales, make a contribution to a Nonprofit in the amount of 15% of the net proceeds of the purchase, excluding shipping charges and taxes (each such contribution a “Contribution”). We shall not request or receive any item of value from Nonprofits in connection with our transmittal of any Contribution.
  2. PURCHASE OF PRODUCTS. Customers will be considered to have ordered products from us when they click on the confirmation button on the checkout screen of the Website. Once an order has been placed in this manner, it cannot be canceled. Any changes to the order must be made directly through one of our representatives. Changes will be made at the sole discretion of Baking for Good. We require that payment be made by Visa, MasterCard, American Express, or Discover. We shall not be in breach of this Agreement if we are unable to deliver our products in a timely manner as a result of events of force majeure (including severe weather, acts of war, terrorism and failure of the Internet), provided that we complete delivery of the ordered product promptly after the circumstances preventing timely delivery are resolved or suitably alleviated.
  3. RETURN/REFUND POLICY. As our products are perishable, all food sales are final. We will be happy to replace any item(s) in the unlikely event that they become spoiled during transit, or to credit your account for the spoiled portion of your purchase. We cannot be responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us, or for the inability of a recipient to receive the package. Shipping/handling charges are not refundable.
  4. INCREASES TO AMOUNT OF DONATION. Customer understands that if Customer chooses to increase the Contribution above and beyond the automatic donation, we will deduct a small transaction fee of 5.0% of the incremental Contribution to cover processing costs.
  5. USER CONDUCT. You must at all times use the Website in a responsible and legal manner. You must not misrepresent your identity or affiliation with any other person or organization. You agree to comply with all applicable local, state and federal laws, statutes and regulations regarding use of this Website.
  6. TERMINATION OF USAGE. We may terminate your access, or suspend your access to all or part of the Website, without notice, in our sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that we, in our sole discretion, believe is a violation of these Terms of Use, is in violation of any applicable law, is harmful to the interests of another user, customer, recipient, licensor, content or service provider, us or our affiliates or for any other reason.
  7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OFFERED FOR SALE ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL THAT WE SEND ANYONE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE, OUR CORPORATE PARENT, OR AFFILIATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. IN THE EVENT THAT ORDERED PRODUCT IS SPOILED WHEN IT IS RECEIVED AT THE ADDRESS TO WHICH THE CUSTOMER HAS DIRECTED US TO SHIP THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDIES WILL BE THOSE SET FORTH IN SECTION 3.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  8. PRIVACY AND INFORMATION DISCLOSURE. We have established a Privacy Policy to explain how Website user information is collected and used. This Privacy Policy is located at the following web address: bakingforgood.com/privacy. Your use of the Website indicates your acceptance of, and agreement to by bound by, the Baking for Good Privacy Policy.
  9. CHILDREN UNDER 13. In accordance with the Children’s Online Privacy Protection Act (COPPA), children under 13 are not allowed to register on the Website. We do not knowingly collect information from children under 13.
  10. INDEMNIFICATION. You agree to defend, indemnify, and hold us and our directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.
  11. TRADEMARKS. The names Baking for Good and bakingforgood.com, and the Baking for Good logo, and “a little sugar goes a long way” may not be used in connection with any product or service that is not Baking for Good’s. Nor may they be used in any manner that is likely to cause confusion, or in any way that may disparage or discredit us. Other trademarks, service marks or logos that appear on the Website, in particular (but not exclusively) those of Nonprofits, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of the trademark owner.
  12. COPYRIGHT. All content on this Website is owned by us or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided that you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Website content is permitted without our express prior permission, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to 353 East 83rd Street, Suite 21F, New York, NY 10028.
  13. RESERVATION OF RIGHTS. We expressly reserve all rights not expressly granted in these Terms of Use.
  14. APPLICABLE LAW. These Terms of Use shall be governed in all respects by the laws of the State of New York, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Baking for Good must be resolved by a court located in New York. You irrevocably agree to submit to the personal jurisdiction of the courts located within New York for the purpose of litigating all claims or disputes, and that such courts shall possess exclusive jurisdiction with respect to such matters.
  15. WAIVER. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
  16. SEVERED PROVISIONS. If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
  17. SURVIVAL. Sections 8, 9 and 11 – 15 shall survive the termination of these Terms and shall apply indefinitely
  18. ENTIRE AGREEMENT. These Terms of Use constitute the entire understanding and agreement between Baking for Good and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.