Web Terms & Conditions

(Last Update: January 10, 2011)

This website is owned and operated by, or on behalf of Fresh Start Bakeries. These Terms of Use (this “Agreement”) is a legally binding contract between Fresh Start Bakeries ("FSB," "we," "us," "our") and you with respect to your use of this website (the “Website”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using this Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use this Website or any of the information found on this Website.

Changes to Terms of Use

We reserve the right at any time, with or without cause, to change the terms and conditions of this Agreement; change this Website, including eliminating or discontinuing any feature of this Website; and/or deny or terminate your use of and/or access to this Website.

Any changes we make will be effective immediately upon our making such changes available on this Website or otherwise providing notice thereof. You agree that your access or use of this Website thereafter constitutes your acceptance of such changes. You hereby acknowledge that you have read all of the terms and conditions of our Privacy Policy (which can be accessed at http://www.freshstartbakeries.com) and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Permitted Use of Website

This Website and the materials and information on it, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided solely for your personal use and not for any commercial activities or purpose or for resale. Without the written consent of FSB, no Information or any other FSB materials or property may be copied, reproduced, displayed, republished, downloaded, modified, transmitted, distributed or commercially exploited in any way.

Feedback

As part of your use of this Website, you may choose to communicate with FSB or its affiliates via the contact information provided on this Website. Such communication is voluntary; however, by choosing to send any messages, text, photos, information, suggestions, feedback, ideas or other content (collectively, “Feedback”) you hereby grant to FSB and its affiliates a non-exclusive, worldwide, irrevocable, fully paid, royalty-free right and license to use, reproduce, modify, distribute, display, perform, sublicense and otherwise exploit and commercialize all such Feedback. Moreover, you agree that FSB and its affiliates will have no obligation to you with respect to such Feedback, including without limitation, any obligation to provide any compensation or to keep any Feedback in confidence. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any such Feedback. By sending us any Feedback, you represent and warrant to FSB that you own or have the right to use and permit us to use such Feedback in the manner stated above.

Third Party Links

This Website may contain links to other websites not owned or controlled by FSB. We do not control the linked websites or the content provided through such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third-party products, services, or publications within this Website do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication.

Ownership

This website is owned and operated by, or on behalf of Fresh Start Bakeries. The Website and Information (and any intellectual property and other rights relating thereto) are and will remain the property of FSB and its licensors, affiliates and suppliers. The Information is protected by U.S. and international copyright, trademark, and other laws. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of this Website or any Information without our prior written permission. The Information and Website may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by FSB. Use of this Website or any Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using this Website or any Information.

The trademarks, logos, and service marks displayed on this Website (collectively, the "Trademarks") are the registered and unregistered trademarks of FSB and its affiliates, licensors and suppliers. Nothing contained in this Agreement or this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of FSB or the third-party owner of any such Trademark.

No Use by Children Under 13

You hereby affirm that you are over the age of 12, as this Website is not intended for children under 13. If you are under 13 years of age, then please do not use this Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Claims of Copyright Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by FSB infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FSB to locate the material on this Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this Website should be sent to info@freshstartbakeries.com.

Term & Termination

This Agreement is effective from the date that you first access this Website or submit any information to FSB, whichever is earlier, and shall remain effective until terminated in accordance with its terms. FSB may immediately terminate this Agreement, and/or your access to and use of this Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use this Website shall immediately cease, and you must destroy all copies of information that you have obtained from this Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all FSB rights of ownership shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, this Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate FSB to maintain and support this Website, or any part or portion thereof, during the term of this Agreement.

Disclaimers

THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THIS WEBSITE, OR YOUR USE OF THIS WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THIS WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND/OR INFORMATION AND YOUR RELIANCE THEREON.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER FSB NOR ANY OF ITS AFFILIATES, LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THIS WEBSITE, ANY INFORMATION, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, OR ANY LINKED WEBSITE IS TO STOP USING THIS WEBSITE OR LINKED WEBSITE, AS APPLICABLE. WITHOUT LIMITATION OF THE FOREGOING, FSB’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THIS WEBSITE AND/OR INFORMATION, SHALL BE $100.

Indemnification

You agree to fully indemnify, defend, and hold FSB, our affiliates, licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) your activities in connection with this Website or other websites to which this Website is linked; and/or (c) your willful misconduct or gross negligence.

Jurisdictional Issues

FSB makes no representation that this Website operates (or is legally permitted to operate) in all geographic areas, or that the Information or Website are appropriate or available for use in other locations. Accessing this Website from territories where this Website, or any content or functionality of this Website or portion thereof, is illegal is expressly prohibited. If you choose to access this Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.

Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution/Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles County, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Los Angeles County, California. For the sake of clarity, nothing in this paragraph shall affect FSB’s ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by FSB as provided herein or otherwise by written instrument signed by FSB. Neither this Agreement nor any right, obligation or remedy hereunder is assignable, transferable, delegatable or sublicensable by you except with FSB’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. FSB may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Effective Date

December 7, 2010

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