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Terms of Use

Terms of Use

 

Please read these Terms of Use and Conditions carefully before using or obtaining any materials, information, products, or services through Elegant Cheese Cakes (www.elegantcheesecakes.com). By accessing Elegant Cheese Cakes’ Web site, you agree to accept, without limitation or qualification, all of these Terms and Conditions. If you do not accept these Terms and Conditions, please exit the Elegant Cheese Cakes Web site immediately.

Ownership

Elegant Cheese Cakes (www.elegantcheesecakes.com) and the Web sites for individual locations accessed through Elegant Cheese Cakes’s Web Site (collectively, the “Web Sites”) offer information on properties managed, franchised, or operated by Elegant Cheese Cakes and its affiliates (collectively, “we” or “us”), products offered by us, and other general information. Access to and use of the Web Sites is subject to any specific terms and conditions set forth on the individual pages within the Web Sites and these Terms and Conditions (collectively, the “Terms”), and all applicable laws and regulations, including laws and regulations governing copyright and trademark. We reserve the right at any time to change any of the terms and conditions contained herein or any information contained in the Web Sites. Any such changes will appear on the individual pages of the Web Sites and/or on this screen. By using the Web Sites, you agree in advance to accept any such changes.

Privacy

Your use of the Web Sites is subject to our Privacy Policy.

Use of Website (www.elegantcheesecakes.com)

You may only use the Web Sites if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Web Sites.

Promotional Information

We may make information regarding specific programs, offers, or promotions that we are conducting available on the Web Sites. Any such program, offer, or promotion is subject to the specific terms, conditions, and restrictions listed on the Web Sites in connection with such program, offer, or promotion. We reserve the right to alter or withdraw any program, offer, or promotion at any time. Each program, offer, and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions, and restrictions included on the Web Sites in connection with each program, offer, or promotion.

Availability

The Web Sites are available worldwide to anyone with Internet access. However, the Web Sites may not be continuously available due to maintenance or repairs or to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Web Sites contain information on our products and services, not all of which are available in every location. A reference to a product or service on the Web Sites does not imply that such product or service is or will be available in your location. The content of the Web Sites, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

General

The Terms apply to your use of the Web Sites, including all transactions you effect through the Web Sites. If a court finds any of the Terms to be unenforceable or invalid, the unenforceable or invalid Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The Terms, together with our Privacy Policy and the items made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Web Sites, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Web Sites.

Warranty Disclaimer

Your use of the Web Sites is at your own risk. The Web Sites contain information, facts, and opinions from various individuals and organizations. The Web Sites are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither Elegant Cheese Cakes nor its affiliates, agents, and representatives endorse or are responsible for the accuracy or reliability of any opinion, advice, or statement on the service or the sites.

 

Limitation of Liability

Neither we nor any of our subsidiaries, divisions, affiliates, agents, representatives, or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive, or similar damages arising out of your access or use of, or your inability to access or use, the Web Sites or any materials, opinions, or recommendations of third parties on the Web sites. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law. You hereby waive any and all claims against us and our subsidiaries, divisions, affiliates, agents, representatives, and licensors arising out of your use of the Web Sites or any materials, opinions or recommendations of third parties on the web sites.

Links

We do not review or monitor any Web sites linked to the Web Sites and are not responsible for the content of any such linked Web sites. Your linking to such Web sites is at your own risk. In addition, you agree not to link your Web site or any other third-party Web site to the Web Sites without our express prior written consent.

Governing Law and Choice of Forum

These Terms and Conditions and any disputes arising out of or related to the Web Sites or use of the Web Sites, shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict-of-laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the Web Sites shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Copyright and Trademarks

The content included on the Web Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Elegant Cheese Cakes or its licensors or suppliers and are protected by copyright, trademark, and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material for any purpose other than personal, non-commercial use without our written permission. To request such permission, send email to  webmaster@elegantcheesecakes.com, including your name, address, and a description of the purpose of your intended distribution and the information you would like to distribute.


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