Terms of Use

Last Updated: April 1, 2015

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

This Web site, www.bakenjoy.com (hereinafter referred to as the “Site,” except where clarified otherwise), is owned and provided by Bake’n Joy Foods, Inc. (“Bake’n Joy” or “we”) and is provided solely for your information.

By entering and using the Site you acknowledge that you have read and understand the terms and conditions described below and that you agree to abide by them. If you do not agree to these terms and conditions or if you do not agree to our Privacy Policy, please do not use this Site or any information offered on this Site.

These Terms of Use are subject to occasional revision, and changes will be posted on this page. You are urged to return to check the Terms of Use for the latest updates prior to accessing the Site or sending any information to us.

United States Only

Bake’n Joy maintains the Site from our offices in the United States of America and the materials in this Site are presented solely for the purpose of promoting products or programs available in the United States, its territories, possessions, and protectorates. We make no representation that materials in the Site are appropriate or available for use in other locations. If you access the site from locations other than the United States, you are responsible for compliance with any applicable local laws at your location.

Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access certain parts of the Site you may be asked to provide certain information. All information you provide must be correct, current and complete. Registered users may be provided with (or asked to choose) login credentials (i.e., username and password). Login credentials must be treated as confidential and may not be disclosed to any other person or entity. In the event of any unauthorized access to or use of your login credentials or any other breach of security, you are required to notify us immediately.

We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion.

Intellectual Property Rights

This Site and its entire contents, features and functionality are the property of Bake’n Joy and/or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site solely for your personal, non-commercial use, except as expressly permitted herein. You may view, download and print a small number of copies of the content on the Site solely for your personal, noncommercial use; provided that all copyright notices and other identifying information are not removed from such materials or otherwise altered. You may not otherwise modify, sell, assign, transfer, reproduce, display, publicly perform, distribute, post, or transmit the content except as expressly permitted herein or as expressly permitted by Bake’n Joy in writing. You may not reverse-engineer, disassemble or decompile any software included in the contents.

Notwithstanding the foregoing, if you have been approved by Bake’n Joy, in its sole discretion, as a registered user and are provided with (or asked to choose) login credentials, you may view, download and print the merchandising and signage material provided in the “My Account” section of the Site in order to sell and/or promote products made with ingredients from Bake’n Joy. Such registered users may also use the following materials to aid them in the usage and promotion of Bake’n Joy products: (i) formulas and varieties; (ii) handling and decorating materials; (iii) troubleshooting guides; and (iv) nutritional/ingredient statements.

Note, however, that Site content is subject to change without notice at the editorial discretion of Bake’n Joy. The content available on or through the Site may be out of date and Bake’n Joy makes no commitment to update such content.

The names “Bake’n Joy®,” “PanFree®,” “Country Muffin®,” “FreshBakes Freezer to Oven®, and all related names, logos, product and services names, designs and slogans are trademarks of Bake’n Joy or its affiliates or licensors. Nothing contained in the Site should be construed as granting any license or right to use any trademark or logo displayed on this Site without the express written permission of Bake’n Joy or such third-party that may own the trademark. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You may not use the Site:

• in any way that violates any applicable federal, state, local or international law or regulation;
• to impersonate or attempt to impersonate Bake’n Joy, its employees, another user or any other person or entity;
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Bake’n Joy, may harm Bake’n Joy or users of the Site or expose them to liability.

You also may not:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or otherwise interfere with any other party’s use of the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose;
• Introduce any viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material;
• Attach the Site via a denial-of-service attack or distributed denial-of-service attack;
• Otherwise attempt to interfere with the proper working of the Site.

Links to Other Sites

This Site may contain links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement or recommendation by Bake’n Joy of the content on such third-party Web sites or as an indication of any affiliation, sponsorship or endorsement of or by such third-party Web sites. If you use these links, you will leave this Site. Thus, we are not responsible for the content of linked third-party sites and do not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on such third-party Web sites. Your use of third-party Web sites is subject to the terms of use for such sites. If you decide to access any of the third-party Web sites linked to this Site, you do so entirely at your own risk.

Disclaimers

ACCESS TO THE SITE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BAKE’N JOY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS ON THIS SITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAKE’N JOY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE SITE.

WITHOUT LIMITING THE FOREGOING, BAKE’N JOY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES BAKE’N JOY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY OF ITS CONTENT IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SITE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SITE CAUSED BY YOU. BAKE’N JOY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SITE.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL BAKE’N JOY OR ANY BAKE’N JOY LICENSOR OR SUPPLIER BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, AND ANY WEB SITE LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES.

UNDER NO CIRCUMSTANCES SHALL BAKE’N JOY OR ITS LICENSORS OR SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY RELEASE BAKE’N JOY AND HOLD BAKE’N JOY, ITS LICENSORS AND SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

Privacy Policy

All information we collect, use and disclose on this Site is subject to our Privacy Policy. By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Termination

You or Bake’n Joy may suspend or terminate your access to the Site at any time, for any reason or for no reason at all. We have the right (but not the obligation) to refuse to provide access to the Site to any person, agency or organization, or to prohibit any person, agency or organization from using the Site, at any time, for any reason or for no reason at all, in our sole discretion.

Choice of Law and Enforcement

This Terms and Conditions of Use agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to it rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to this agreement. This agreement constitutes the sole agreement between you and Bake’n Joy relating to your use of the Site.

Waiver and Severability

No waiver by Bake’n Joy of any term or condition set forth in these Terms of Use shall be deemed a waiver of any other term or condition and any failure of Bake’n Joy to assert any right shall not constitute a waiver of such right.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Bake’n Joy with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, with respect to the Site.

Contact Information

You may send your comments to us at productinfo@bakenjoy.com.