Terms of Use

Your Use of The Posh Bakery’s Web Site

You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit The Posh Bakery’s web site (or any portion of it), unless you have the express written permission of The Posh Bakery to do so. You may only use The Posh Bakery’s web site in accordance with these Terms of Use and all applicable laws, rules, and regulations.  You agree that you do not have any rights in The Posh Bakery's web site and that The Posh Bakery will have no liability to you if The Posh Bakery's web site is discontinued or your ability to access The Posh Bakery's web site is terminated.

Links

Through The Posh Bakery’s web site, you may be able to access links to other World Wide Web sites.  Because The Posh Bakery has no control over such sites, you acknowledge and agree that The Posh Bakery is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally-identifiable information by such sites, or for the information, products, content or other materials on or available from such sites or resources. If you would like information on any other site’s privacy policy, you should contact that party directly, and we encourage you to do so.

Trademarks

The trademarks, logos, and service marks (collectively "Trademarks") appearing on The Posh Bakery website are the property of The Posh Bakery and other parties. Nothing contained on The Posh Bakery website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

Intellectual Property

The content that The Posh Bakery provides on our web site, including, but not limited to, text, graphics, images, and logos, is owned by either The Posh Bakery or the party that has provided the content to us and is protected by U.S. and international copyright laws.  The Posh Bakery is the sole and exclusive owner of its compilation of this content on our web site, and this compilation is also protected by U.S. and international copyright laws.  Unpermitted copying of any of this content could lead to copyright infringement.

Limitation of Liability

The Posh Bakery shall not be responsible for any errors or omissions contained on The Posh Bakery website, and reserves the right to make changes anytime without notice. Mention of non-Posh Bakery products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by The Posh Bakery. All Posh Bakery and third-party information provided on any Posh Bakery website is provided on an "as is" basis.

THE POSH BAKERY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION PROVIDED ON ANY POSH BAKERY WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

In no event shall The Posh Bakery be liable for any damages whatsoever, and in particular The Posh Bakery shall not be liable for direct, special, indirect, consequential, or incidental damages, exemplary or punitive damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use The Posh Bakery website, any Posh Bakery product or service. This includes damages arising from use of or in reliance on the documents or information present on The Posh Bakery website (including any information posted or placed by anyone other than The Posh Bakery ), even if The Posh Bakery has been advised of the possibility of such damages.

Indemnity

You agree to defend, indemnify, and hold The Posh Bakery harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees, court costs, and other litigation and arbitration expenses) (“Losses”) related to or arising from: (a)  negligent acts or omissions or intentional misconduct with respect to your use of The Posh Bakery’s web site or (b)  claims for infringement of the proprietary rights of any third party resulting from your use of The Posh Bakery’s web site or goods purchased from The Posh Bakery’s web site in violation of these Terms of Use.

General

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. The Posh Bakery web site was created and is operated under the laws of the State of California.  The laws of the State of California will control the Terms of Use provided in these Terms and Conditions, without giving effect to any principles of conflict of laws.  Any legal action or proceeding relating to your access to or use of The Posh Bakery website shall be instituted in a state or federal court in Santa Clara County, California.  You and The Posh Bakery agree to submit to the jurisdiction of, and agree that venue is proper in these courts.

If a court of competent jurisdiction finds that any provision of these Terms of Use are invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to The Posh Bakery web site or these Terms of Use more than one (1) year after such claim or cause of action arose.

The Posh Bakery will not be liable to you or be deemed to be in breach of its obligations hereunder for any delay or failure in performance caused by acts beyond The Posh Bakery’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.




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