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Terms of Use
Effective March 1, 2009
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 understood 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 posted on the Site, please do not use this
Site or any information offered on this Site.
We reserve the right to change these terms and
conditions at any time, without notice to you, by
updating this posting. You are bound by any
revisions and updates and, therefore, should
periodically visit the Site to review the current
terms and conditions that apply to your use of the
Site.
United States Only
Bake’n Joy maintains the Site from our offices in
the United States of America and the materials in
this Web 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.
Copyright and Intellectual Property Policy
All of the content available on or through the Site
is the property of Bake’n Joy and/or its licensors
and is protected by copyright, trademark, patent,
trade secret and other intellectual property law.
Bake’n Joy gives you permission to display,
download, store and print the content only for your
own personal, non-commercial use only, except as
expressly permitted herein. All copyright notices
and other identifying information should not be
removed from downloaded materials. Upon acceptance
of these conditions, Bake’n Joy authorizes you to
view, download and print a small number of copies of
the material on the Site solely for your personal,
noncommercial use, however, you may use signage and
merchandising elements provided by Bake’n Joy to
sell and/or promote products made with ingredients
from Bake’n Joy. Information such as
nutritional/ingredient statements, merchandising
signage, formulas and varieties ideas are provided
for the express purpose to aid you in the usage and
merchandising of Bake’n Joy manufactured products
and permission to use such information is granted
when a username and password is provided to you by
the Bake’n Joy marketing department (“Bake’n Joy
Marketing”). You may not modify, sell, assign or
transfer the content or reproduce, display, publicly
perform, distribute, post, transmit or otherwise use
the content in any way for any public or commercial
purpose or otherwise except as expressly permitted
herein or as expressly permitted by Bake’n Joy
Marketing. You may not reverse-engineer, disassemble
or decompile any software included in the content.
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
associated logos are registered trademarks of Bake’n
Joy. All other Bake’n Joy trade and service names
are trademarks of Bake’n Joy. All other brands and
names are the property of their respective owners.
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 or logo.
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
We take your privacy and your privacy concerns very
seriously. That is why we have adopted our Privacy
Policy explaining our online information collection
practices and the choices you can make about the way
information is collected and used. Please read and
understand our 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.
Contact Information
You may send your comments to us at
productinfo@bakenjoy.com
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