TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
The works of authorship contained in the splurgebakery.com Website (the “Website”), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Splurge Bakery and Cafe LLC, (“Splurge Bakery”). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Splurge Bakery’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Splurge Bakery’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Trademarks and Service Marks
“Splurge Bakery” and “You’re the Artist” are federally registered trademarks owned by Splurge Bakery. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners, including Splurge Bakery.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Splurge Bakery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Splurge Bakery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Splurge Bakery does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. No license to the user is implied in these disclaimers.
The information and materials contained in this Website, including the terms and conditions of the access to and use of such information and materials, are subject to change without notice.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SPLURGE BAKERY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER SPLURGE BAKERY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Splurge Bakery does not recommend that people with food allergies consume our products and do so at their own risk. Splurge Bakery prepares many of its products in a facility that uses various allergens, including, but not limited to, milk, eggs, peanuts, tree nuts, and wheat (“Allergens”). Further, many products made at, or sold by, Splurge Bakery contain Allergens and, therefore, Splurge Bakery and its successors, assigns, affiliates, subsidiaries, principals, owners, employees, members, officers, agents, and contractors CANNOT and DO NOT guarantee (i) that any particular food product acquired from Splurge Bakery is free of all traces of any particular Allergen and (ii) that consumption of or exposure to a food product will not result in some form of allergic reaction.
You agree to indemnify, defend, and hold harmless Splurge Bakery, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your transaction conducted through this Website (including negligent or wrongful conduct) by you.
In the event that a Splurge Bakery product is mistakenly listed at an incorrect price, Splurge Bakery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Splurge Bakery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Splurge Bakery shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Splurge Bakery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Splurge Bakery may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Splurge Bakery.
Use of Site
Harassment in any manner or form on this website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Splurge Bakery or other employee, host, or representative, as well as other members or visitors on this website is prohibited. You may not upload to, distribute, or otherwise publish through this website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this website or use this website to solicit others to join or become members of any other commercial online service or other organization.
Splurge Bakery does not and cannot review all communications and materials posted to or created by users accessing this website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Splurge Bakery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Splurge Bakery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Splurge Bakery in its sole discretion.
Splurge Bakery may link to websites operated by third parties. Links to non-Splurge Bakery websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. Splurge Bakery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Splurge Bakery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Splurge Bakery seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for sites it links to as well (including if a specific link does not work).
Your access to and use of this site and these Terms and Conditions shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Splurge Bakery products) shall be in the state or federal courts located in Essex County, New Jersey. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Splurge Bakery products) must be commenced within one (1) year after the claim or cause of action arises. Splurge Bakery’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Splurge Bakery may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.