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Terms and Conditions

 

Agreement between User and dabakeryb.com and all sales channels and forums Welcome to dabakeryb.com and all sales channels and forums. The dabakeryb.com and all sales  channels and forums website (the "Site") is comprised of various web pages operated by Da  Bakery LLC ("Da Bakery B"). dabakeryb.com and all sales channels and forums is offered to you  conditioned on your acceptance without modification of the terms, conditions, and notices  contained herein (the "Terms"). Your use of dabakeryb.com and all sales channels and forums  constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy  of them for your reference.  

 

dabakeryb.com and all sales channels and forums is an E-Commerce Site.    

We sell and market baked goods, merchandise drop shipped for a variety of providers,  instructional classes and forums.  

 

Privacy

Your use of dabakeryb.com and all sales channels and forums is subject to Da Bakery B's Privacy  Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data  collection practices.  

 

Electronic Communications

Visiting dabakeryb.com and all sales channels and forums or sending emails to Da Bakery B  constitutes electronic communications. You consent to receive electronic communications and you  agree that all agreements, notices, disclosures and other communications that we provide to you  electronically, via email and on the Site, satisfy any legal requirement that such communications be  in writing.  

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that Da Bakery B is not responsible  for third party access to your account that results from theft or misappropriation of your account.  Da Bakery B and its associates reserve the right to refuse or cancel service, terminate accounts, or  remove or edit content in our sole discretion.  

 

Children Under Thirteen

Da Bakery B does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use dabakeryb.com and all sales  channels and forums only with permission of a parent or guardian.  

 

Cancellation/Refund Policy

Returns or refunds on fresh baked goods are not issued for damaged or unreceived items, all  This is a RocketLawyer.com document.

shipments are insured and we will assist in filing claims with shipping providers. Replacement of  these will be done at no additional charge. We do request photos of the damaged products.  Subscriptions maybe canceled at any time. Refunds are not given for unused remaining  subscription time. Refunds on digital items or classes will we granted in the following  circumstances, download and purchase by mistake, within the time frame of 3 hours.    

Links to Third Party Sites/Third Party Services

dabakeryb.com and all sales channels and forums may contain links to other websites ("Linked  Sites"). The Linked Sites are not under the control of Da Bakery B and Da Bakery B is not  responsible for the contents of any Linked Site, including without limitation any link contained in a  Linked Site, or any changes or updates to a Linked Site. Da Bakery B is providing these links to  you only as a convenience, and the inclusion of any link does not imply endorsement by Da Bakery  B of the site or any association with its operators.  

 

Certain services made available via dabakeryb.com and all sales channels and forums are  delivered by third party sites and organizations. By using any product, service or functionality  originating from the dabakeryb.com and all sales channels and forums domain, you hereby  acknowledge and consent that Da Bakery B may share such information and data with any third  party with whom Da Bakery B has a contractual relationship to provide the requested product,  service or functionality on behalf of dabakeryb.com and all sales channels and forums users and  customers.  

 

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use  dabakeryb.com and all sales channels and forums strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to Da Bakery B that you will not use the Site  for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any  manner which could damage, disable, overburden, or impair the Site or interfere with any other  party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or  information through any means not intentionally made available or provided for through the Site.    

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of Da Bakery B or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes thereto.    

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Da Bakery B content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of Da Bakery B and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  

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to the intellectual property of Da Bakery B or our licensors except as expressly authorized by  these Terms.  

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities,  personal web pages, calendars, and/or other message or communication facilities designed to  enable you to communicate with the public at large or with a group (collectively, "Communication  Services"). You agree to use the Communication Services only to post, send and receive messages  and material that are proper and related to the particular Communication Service.    

By way of example, and not as a limitation, you agree that when using a Communication Service,  you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as  rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any  inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material  or information; upload files that contain software or other material protected by intellectual  property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or  have received all necessary consents; upload files that contain viruses, corrupted files, or any other  similar software or programs that may damage the operation of another's computer; advertise or  offer to sell or buy any goods or services for any business purpose, unless such Communication  Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes  or chain letters; download any file posted by another user of a Communication Service that you  know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete  any author attributions, legal or other proper notices or proprietary designations or labels of the  origin or source of software or other material contained in a file that is uploaded; restrict or inhibit  any other user from using and enjoying the Communication Services; violate any code of conduct  or other guidelines which may be applicable for any particular Communication Service; harvest or  otherwise collect information about others, including e-mail addresses, without their consent;  violate any applicable laws or regulations.  

 

Da Bakery B has no obligation to monitor the Communication Services. However, Da Bakery B  reserves the right to review materials posted to a Communication Service and to remove any  materials in its sole discretion. Da Bakery B reserves the right to terminate your access to any or  all of the Communication Services at any time without notice for any reason whatsoever.    

Da Bakery B reserves the right at all times to disclose any information as necessary to satisfy any  applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to  remove any information or materials, in whole or in part, in Da Bakery B's sole discretion.    

Always use caution when giving out any personally identifying information about yourself or your  children in any Communication Service. Da Bakery B does not control or endorse the content,  messages or information found in any Communication Service and, therefore, Da Bakery B  specifically disclaims any liability with regard to the Communication Services and any actions  resulting from your participation in any Communication Service. Managers and hosts are not  authorized Da Bakery B spokespersons, and their views do not necessarily reflect those of Da  Bakery B.  

 

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Materials uploaded to a Communication Service may be subject to posted limitations on usage,  reproduction and/or dissemination. You are responsible for adhering to such limitations if you  upload the materials.  

 

Materials Provided to dabakeryb.com and all sales channels and forums or Posted on  Any Da Bakery B Web Page

Da Bakery B does not claim ownership of the materials you provide to dabakeryb.com and all  sales channels and forums (including feedback and suggestions) or post, upload, input or submit to  any Da Bakery B Site or our associated services (collectively "Submissions"). However, by  posting, uploading, inputting, providing or submitting your Submission you are granting Da Bakery  B, our affiliated companies and necessary sublicensees permission to use your Submission in  connection with the operation of their Internet businesses including, without limitation, the rights to:  copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and  reformat your Submission; and to publish your name in connection with your Submission.    

No compensation will be paid with respect to the use of your Submission, as provided herein. Da  Bakery B is under no obligation to post or use any Submission you may provide and may remove  any Submission at any time in Da Bakery B's sole discretion.  

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and  represent that you own or otherwise control all of the rights to your Submission as described in this  section including, without limitation, all the rights necessary for you to provide, post, upload, input  or submit the Submissions.  

 

Third Party Accounts

You will be able to connect your Da Bakery B account to third party accounts. By connecting  your Da Bakery B account to your third party account, you acknowledge and agree that you are  consenting to the continuous release of information about you to others (in accordance with your  privacy settings on those third party sites). If you do not want information about you to be shared  in this manner, do not use this feature.  

 

International Users

The Service is controlled, operated and administered by Da Bakery B from our offices within the  USA. If you access the Service from a location outside the USA, you are responsible for  compliance with all local laws. You agree that you will not use the Da Bakery B Content accessed  through dabakeryb.com and all sales channels and forums in any country or in any manner  prohibited by any applicable laws, restrictions or regulations.  

 

Indemnification

You agree to indemnify, defend and hold harmless Da Bakery B, its officers, directors, employees,  agents and third parties, for any losses, costs, liabilities and expenses (including reasonable  attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any  user postings made by you, your violation of any terms of this Agreement or your violation of any  rights of a third party, or your violation of any applicable laws, rules or regulations. Da Bakery B  

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reserves the right, at its own cost, to assume the exclusive defense and control of any matter  otherwise subject to indemnification by you, in which event you will fully cooperate with Da  Bakery B in asserting any available defenses.  

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.  

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and Da Bakery B agree otherwise, the arbitrator may not  consolidate more than one person's claims, and may not otherwise preside over any form of a  representative or class proceeding.  

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. DA BAKERY LLC AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.    

DA BAKERY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT  THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY  OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED  GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM  EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,  

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SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS  IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DA BAKERY LLC  AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS  WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND  NON-INFRINGEMENT.  

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL DA BAKERY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR  ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY  CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY  OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,  OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DA  BAKERY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE  POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT  ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL  OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF  THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO  DISCONTINUE USING THE SITE.  

 

Termination/Access Restriction  

Da Bakery B reserves the right, in its sole discretion, to terminate your access to the Site and the  related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Louisiana and you hereby  consent to the exclusive jurisdiction and venue of courts in Louisiana in all disputes arising out of or  relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give  effect to all provisions of these Terms, including, without limitation, this section.    

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and Da Bakery B as a result of this agreement or use of the Site. Da Bakery B's performance  of this agreement is subject to existing laws and legal process, and nothing contained in this  agreement is in derogation of Da Bakery B's right to comply with governmental, court and law  enforcement requests or requirements relating to your use of the Site or information provided to or  gathered by Da Bakery B with respect to such use. If any part of this agreement is determined to  be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty  disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will  be deemed superseded by a valid, enforceable provision that most closely matches the intent of the  original provision and the remainder of the agreement shall continue in effect.    

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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and Da Bakery B with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and Da  Bakery B with respect to the Site. A printed version of this agreement and of any notice given in  electronic form shall be admissible in judicial or administrative proceedings based upon or relating  to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express wish  to the parties that this agreement and all related documents be written in English.    

Changes to Terms

Da Bakery B reserves the right, in its sole discretion, to change the Terms under which  dabakeryb.com and all sales channels and forums is offered. The most current version of the  Terms will supersede all previous versions. Da Bakery B encourages you to periodically review  the Terms to stay informed of our updates.  

 

Contact Us

Da Bakery B welcomes your questions or comments regarding the Terms:    

Da Bakery LLC  

201 Rue Beauregard Ste 202  

Lafayette, Louisiana 70508  

 

 

Email Address:  

tetedure@dabakeryb.com  

 

Telephone number:  

2253959862  

 

Effective as of May 17, 2021  

 

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