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Dime A Dozen Bakery. Terms of Use

Agreement

Dime A Dozen Bakery. Terms of Use

Agreement

By using the Dime A Dozen Bakery..com web site (“Dime A Dozen Bakery.” or the “Site”), a service of Dime A Dozen Bakery. Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. Before you may become a member of Dime A Dozen Bakery , you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1, 2012 for current users and upon acceptance for new users.

Dime A Dozen Bakery is a Venue

Dime A Dozen Bakery acts as a venue to allow users who comply with Dime A Dozen Bakery policies to offer, sell, and buy certain food and related goods within a fixed price format. Dime A Dozen Bakery. SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, Dime A Dozen Bakery , SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Dime A Dozen Bakery. SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Dime A Dozen Bakery. LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Dime A Dozen Bakery SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Dime A Dozen Bakery. IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Dime A Dozen Bakery. AND (AS APPLICABLE)Dime A Dozen Bakery PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guaranty

Dime A Dozen Bakery does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Dime A Dozen Bakery. control. We cannot guaranteed your order will be completed by a certain time because we are a license home Bakery (Dime A Dozen Bakery Cake LLC)just in case power outage stove go out or any other reason so once you come pick up your cookies and we noticed something is missing we will fulfill the order right then with your consent, we have to have consent to fulfilled order to make that order to complete. also if we cannot fulfill that order, we will tell you ahead of a time through email or website or phone that we cannot fulfill your order and we can cancel your order and send money back if we cannot complete the order we can cancel anytime.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Dime A Dozen Bakery. service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Dime A Dozen Bakery. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Dime A Dozen Bakery. Service

Dime A Dozen Bakery reserves the right to modify or terminate the Dime A Dozen Bakery. service for any reason, without notice, at any time. Dime A Dozen Bakery serves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Dime A Dozen Bakery will notify you via email to the email address in your account. What constitutes a “material change” will be determined at Dime A Dozen Bakery sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Grand Rapids MI and disputes arising under this Agreement will be adjudicated by the courts of the State of Grand Rapids MI

Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 Dime A Dozen Bakery. Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

Notices 36st Wyoming MI 49519 (in the case of ) or, in your case, to the email address you provide to Dime A Dozen Bakery. (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Dime A Dozen Bakery. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Dime A Dozen Bakery. In such case, notice shall be deemed give Dime A Dozen Bakery. three days after the date of mailing.

Disclosures

The services hereunder are offered by Dime A Dozen Bakery. In you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1, 2012 for current users and upon acceptance for new users.

Dime A Dozen Bakery is a Venue

Dime A Dozen Bakery acts as a venue to allow users who comply with Dime A Dozen Bakery policies to offer, sell, and buy certain food and related goods within a fixed price format. Dime A Dozen Bakery. SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Dime A Dozen Bakery. SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Dime A Dozen Bakery. LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Dime A Dozen Bakery SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Dime A Dozen Bakery. IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Dime A Dozen Bakery. AND (AS APPLICABLE) GOLDBELLY’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guaranty

Dime A Dozen Bakery does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Dime A Dozen Bakery. control. We cannot guaranteed your order will be completed by a certain time because we are a license home Bakery (Dime A Dozen Bakery Cake LLC) just in case power outage stove go out or any other reason so once you come pick up your cookies and we noticed something is missing we will fulfill the order right then with your consent, we have to have consent to fulfilled order to make that order to complete. also if we cannot fulfill that order, we will tell you ahead of a time through email or website or phone that we cannot fulfill your order and we can cancel your order and send money back if we cannot complete the order we can cancel anytime.

Legal Compliance

Severability

No Agency

You and Dime A Dozen Bakery. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Dime A Dozen Bakery. Service

Dime A Dozen Bakery reserves the right to modify or terminate the Dime A Dozen Bakery. service for any reason, without notice, at any time. Dime A Dozen Bakery reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Dime A Dozen Bakery will notify you via email to the email address in your account. What constitutes a “material change” will be determined at Dime A Dozen Bakery sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.

Survival

Disclosures