Last Updated and Effective As Of: 01.20.2009
By using this web site, you signify your agreement to all terms,
conditions, and notices contained or referenced herein (the "Terms
of Use"). If you do not agree to these Terms of Use please do not
use this web site.
BakeMark USA LLC. (BakeMark) reserves the right, at its
discretion, to update or revise these Terms of Use from time to
time. BakeMark USA LLC will notify you by posting those changes on
this page and updating the "Last Updated" date specified above. You
may view the most current version at www.yourbakemark.com/terms-of-use.
Proprietary Rights
You acknowledge and agree that all content and materials
available on this web site are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary rights
and laws. Except as expressly authorized by BakeMark USA LLC, you
agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one
copy of the materials or content on this web site on any single
computer for your personal, non-commercial use, provided you keep
intact all copyright and other proprietary notices. Systematic
retrieval of data or other content from this web site to create or
compile, directly or indirectly, a collection, compilation,
database or directory without written permission from BakeMark USA
LLC is prohibited. In addition, use of the content or materials for
any purpose not expressly permitted in these Terms of Use is
prohibited.
As noted above, reproduction, copying, or redistribution for
commercial purposes of any materials or design elements on this web
site is strictly prohibited without the express written permission
of BakeMark USA LLC. Permission is granted only when certain
limited criteria are met. For information on requesting such
permission, please send correspondence to the email or mailing
address at the end of these Terms of Use.
User Contributions to the Web Site
There may be opportunities for you to contribute to this web
site and to communicate with other users of this web site. The
contents of this web site include, among others, uploading
comments, articles, links, software, or other materials. BakeMark
USA LLC is not liable or responsible for any content provided by
the users or other third parties to or in connection with this web
site or to other users of this web site by email ("User Content").
The contributions of third parties do not necessarily represent the
view or opinions of BakeMark USA LLC. BakeMark USA LLC can not
preview User Content before it appears or is sent to another user.
Users can be held liable for any illegal or prohibited User Content
they provide to this web site or to other users, including among
other things, infringing, defamatory or offensive materials.
However, if you discover this kind of material on the web site,
please notify BakeMark USA LLC at info@bakemarkusa.com. BakeMark
USA LLC will investigate your claim and take action as BakeMark USA
LLC deems appropriate.
Prohibited Content
The following is a partial list of the kind of Content or
conduct which is illegal or prohibited on this web site. You agree
not to supply or transmit on or through this web site any Content
that:
- Is patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
- Promotes information that you know is false, misleading, or
promotes illegal activities or conduct;
- Interferes with or disrupts the service or servers or networks
connected to the service, or disobeys any requirements, procedures,
policies or regulations of networks connected to the service;
- Is abusive, threatening, obscene, defamatory or libelous;
- Is or promotes an illegal or unauthorized copy of another
person's work, such as providing pirated computer programs or links
to them, or provides information to circumvent manufacture
installed copy-protect devices;
- Contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page);
- Displays pornographic material of any kind;
- Provides material that exploits people under the age of 18 in a
sexual or violent manner, or solicits personal information from
anyone under 18;
- Provides instructional information about illegal activities
such as making or buying illegal weapons;
- Violates someone's privacy;
- Provides or creates computer viruses;
- Solicits passwords or other personal identifying information
for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising,
pyramid schemes, etc.; and Involves sending unsolicited and/or
unauthorized email to third parties.
User's Grant Of Limited License
By posting or submitting content to this web site, you grant
BakeMark USA LLC and its affiliates, officers, employees, agents,
representatives, owners, directors and licensees the right to use,
reproduce, display, perform, adapt, modify, distribute, have
distributed and promote the content in any form, anywhere and for
any purpose. You further warrant and represent that you own or
otherwise control all of the rights to the content and that public
posting and use of your content by BakeMark USA LLC Company will
not infringe or violate the rights of any third party.
Notwithstanding the foregoing, BakeMark USA LLC agrees that it
shall only use, reproduce, display, perform, adapt, modify,
distribute, have distributed and promote any personally
identifiable information submitted by you in accordance with our
Privacy Policy or as otherwise authorized by you.
Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THIS WEB SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE". THE CONTENT IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT. BakeMark USA LLC DOES NOT
WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR
INFORMATION OBTAINED BY YOU FROM BakeMark USA LLC' PERSONNEL OR
THROUGH THIS WEB SITE OR BakeMark USA LLC' SERVICES OR PRODUCTS
SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS
OF USE. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
AND THUS THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BakeMark USA LLC SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF BakeMark USA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), NO MATTER HOW THOSE DAMAGES WERE CAUSED OR AROSE. IN
NO EVENT SHALL BakeMark USA LLC' TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS
WEB SITE SHALL BE DOWNLOADED OR OBTAINED AT YOUR SOLE RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
Upon BakeMark USA LLC' request, you agree to defend, indemnify,
and hold harmless BakeMark USA LLC and its affiliated companies,
and their shareholders, employees, contractors, officers, agents,
representatives, licensees and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from
your use or misuse of this web site. BakeMark USA LLC reserves the
right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you
will cooperate with BakeMark USA LLC in asserting any available
defenses.
International Use
BakeMark USA LLC makes no representation that materials on this
web site are appropriate or available for use in locations outside
the United States, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access this
web site from other locations do so at their own initiative and are
responsible for compliance with local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Missouri without regard to
its conflict of law principles. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of this web site shall
be filed only in the state or federal courts located in Los
Angeles, California and you further agree and submit to the
exercise of personal jurisdiction of such courts for the purpose of
litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement, together with
our Privacy Policy constitutes the entire agreement between you and
BakeMark USA LLC with respect to this web site and supersedes all
prior or contemporaneous communications and proposals (whether
oral, written, or electronic) between you and BakeMark USA LLC with
respect to this web site. If any part of these Terms of Use is held
invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
Termination
BakeMark USA LLC reserves the right, in its sole discretion, to
terminate your access to all or part of this web site at any time,
with or without notice.
Changes to Terms of Use
From time to time, BakeMark USA LLC may change these Terms of
Use. Your continued use of this web site following the posting of
any changes to the Terms of Use constitutes acceptance of those
changes. BakeMark USA LLC will notify you by posting any changes on
this page and updating the "Last Updated" date specified above. You
may view the most current version at
www.yourbakemark.com/terms-of-use.
Contacting the Web Site
If you have any questions about this Terms of Use agreement, the
practices of this web site, or your dealings with this web site,
you can contact:
BakeMark USA LLC
Attn: Web Master/Marketing
7351 Crider Avenue
Pico Rivera, CA 90660
info@bakemarkusa.com
© 2005-2009 BakeMark USA LLC. All rights reserved.