Terms of Service

PLEASE READ. YOUR USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. 

This web site is owned and operated by Jana Lee's Bake Shop, LLC ("JLBS"). These terms of service ("Terms of Service") apply to and govern your use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Service and JLBS's online Privacy Policy ("Privacy Policy"), which is hereby incorporated by reference.

 

For purposes of the Terms of Service, the following defined terms shall have these meanings: (i) "Service(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as wireless devices; (ii) "Site" shall mean this set of interconnected internet web pages, including the homepage, that have been prepared and maintained as a collection of information by JLBS; (iii) "Site Content" shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by JLBS, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works, designs, logos, information, and other content made available through the Site; and (iv) "Site Code" shall mean any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site.

 

 

CHANGES TO SITE AND/OR TERMS OF SERVICE

 

JLBS reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the Terms of Service, and/or the Privacy Policy, in whole or in part, at any time. Changes to the Terms of Service and Privacy Policy will be effective when posted. You agree to review the Terms of Service and Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to the Terms of Service and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.

 

 

CHANGES IN SITE OWNERSHIP

 

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable JLBS database, to the extent JLBS assigns its rights and obligations regarding such information in connection with a business reorganization, merger, acquisition, or sale of all or substantially all of JLBS's assets, or in connection with a business reorganization, merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a business reorganization, merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Service and Privacy Policy of the Site's subsequent owner or operator.

 

 

PERMITTED USES 

 

The Site and Service is designed to assist customers in reviewing offers and placing orders for goods via the Site. As a condition of your use of this Service, you agree and warrant that: (i) You are an individual person at least 18 years of age, and possess the authority to enter into a binding legal contract; and (ii) Your use of this Service will at all times comply with these Terms of Service.

  

 

GUIDELINES FOR USE OF THE SERVICES

 

You are entirely responsible and liable for all activities conducted by you in connection with the Site and Services. Listed below are some, though not all, violations that may result in JLBS terminating or suspending your access to JLBS Services. You agree not to do any of the following actions while using any JLBS Service:

 

Provide inaccurate, false, or non-current information;

 

Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;

 

Invade the privacy or violate any personal or proprietary right of any person or entity; or

 

Infringe on the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.

 

 

OWNERSHIP, COPYRIGHT AND TRADEMARKS

 

The content and information on this Service, as well as the assets used to provide the Service, are proprietary to JLBS. You agree not to modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site or Service. ANY COPYING, DISTRIBUTING, TRANSMITTING, PERFORMING, REPRODUCING, PUBLISHING, DEEP-LINKING, OR OTHERWISE MODIFYING OF ANY PART OF THE SERVICE WITHOUT THE PRIOR WRITTEN PERMISSION OF JLBS IS PROHIBITED. Any violation of this requirement may result in copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

 

This Site and Service contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photographs, video, graphics, sound, trademarks, service marks, trade names and logos, and those elements are protected by copyright and trademark laws of the United States. Such copyrights and trademarks belong to JLBS, ALL RIGHTS RESERVED. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of the Service, in whole or in part, without our prior written consent. You may download, print, and/or save copyrighted material for your personal use only, and you are granted a limited license to do so.

 

 

LINKED SITES 

 

This Site may frame, and/or contain links to or advertisements about, non-JLBS web sites. Other web sites may also reference, advertise, or link to the Site. JLBS does not endorse or sponsor other web sites and is not responsible for the content of such web sites. JLBS expressly disclaims any statements or assertions made on non-JLBS web sites, and denies all liability associated with your use of, and the content on, such other web sites and advertisements.

 

INDEMNIFICATION AND RELEASE

 

You agree, as additional consideration for your use of the Service, to defend, indemnify and hold harmless JLBS, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any use of the Site or Service in violation of these Terms of Service.

 

 

TERMINATION

 

You understand and agree that JLBS may, in its sole discretion and at any time, terminate your use of any Services, for any reason. JLBS may also, in its sole discretion and at any time, discontinue this Site or Services or limit or restrict any user's access thereto, for any reason. You understand and agree that JLBS may take any one or more of these actions without any notice to you, prior or otherwise. Should JLBS take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning you. You understand and agree that JLBS shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning you.

 

 

DISCLAIMER

 

THE SITE, SITE CONTENT, SITE CODE, AND SERVICES, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JLBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JLBS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE OR SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. JLBS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE OR THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JLBS) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, AND SERVICES, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JLBS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT OR SITE CODE, EVEN IF JLBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE JLBS TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, JLBS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JLBS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO JLBS, IF ANY, FOR ACCESSING THIS SITE.

 

 

RISK OF LOSS

 

Title to products or merchandise passes from JLBS to you on shipment from JLBS. Loss or damage that occurs during shipping by a common carrier is your responsibility.

 

 

 

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

 

Materials may be made available via this Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, JLBS respects the intellectual property of others, and we require that you and all of our other users to do the same.  It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service.

If you believe any materials on this Service infringe a copyright, you should provide us with written notice that at a minimum contains:  (i)  a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contain the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent as follows:

 

Jana Lee's Bake Shop, LLC

58 North Fourth Street

Columbus, Ohio 43215

 

 

APPLICABLE LAW

 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflicts of law provisions. You hereby submit, through use of the Site, to the exclusive jurisdiction of the courts of the State of Ohio and of any United States courts located within Columbus, Ohio for purposes of any and all litigation arising out of the use of this Site, or the purchase of any goods made through this Site. You waive any objections to the forum of Ohio for lack of venue, forum non conveniens, or any other jurisdictional ground.

 

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

 

 

JURISDICTIONAL ISSUES

 

The Site is controlled and operated by JLBS from its offices within the State of Ohio, United States. Use of this Site constitutes your consent and submission to service of process under applicable United States or Ohio law and to personal jurisdiction in a court of competent jurisdiction in the State of Ohio for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of the Site or any Service.

 

 

 

SEVERABILITY

 

If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

 

Effective Date: 02.21.17

 

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