Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.craftmarkbakery.com Website (the “Service”, “Services,” “Site,” or “Website”) operated by Craftmark Bakery, LLC (Craftmark, “our,” “Our,” “us”, “Us”, “we”, or “We”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. EACH TIME YOU ACCESS AND USE THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS. If you disagree with any part of the Terms, then you may not access the Service. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service. These Terms have the same force and effect as an agreement in writing. To use this Service, you must be at least eighteen (18) years of age as well as the age of majority in your jurisdiction.

Your Responsibilities

You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Services. The Website is controlled, operated and administered by Craftmark from its offices within the United States. The Services are not designed or customized for use in any country other than the United States. You may use them only if they comply with the laws of the jurisdiction from which you are accessing the Services.

Privacy

Each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Policy.

Restrictions on Use of Intellectual Property

The content on the Website (the “Content”), including without limitation, trademarks, service marks, video, text, photos, and graphics, is intellectual property owned by us or our licensors, and is protected under United States and international law. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms.

Disclaimer

The Content on the Craftmark Website is provided “as is” or “as available” without warranty of any kind. Craftmark makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Craftmark does not warrant or make any representations concerning the accuracy, reliability, or likely results of the use of the Content on its Website or otherwise relating to such materials on any sites linked to this Site.

Errata and Revisions

The Content appearing on the Craftmark Website could include technical, typographical, or photographic errors. Craftmark does not warrant that any of the Content on its Website is current, complete, or accurate. Craftmark may make changes to the materials contained on its Website at any time without notice. Craftmark does not, however, make any commitment to update any Content.

Links to Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Craftmark. The inclusion of any link does not imply endorsement by Craftmark of the site. Use of any such linked website is at the user’s own risk. Craftmark assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Craftmark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Availability of Website

You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we assume no liability to you or any other party with regard to any interruption in the Services.

Termination

We reserve the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

Governing Law, Venue and Limitations on Legal Proceedings

These Terms and the relationship between you and us shall be governed by the laws of the State of Texas as applied to agreements made, entered into, and performed entirely in the State of Texas, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Services shall be brought in the courts located in Dallas County, State of Texas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnity/Limitations of Liability

AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, CRAFTMARK AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE; (B) CRAFTMARK’S USE OF ANY INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THESE TERMS; AND (C) ANY VIOLATION OF THESE TERMS BY YOU. If you are dissatisfied with any Craftmark Content or material, or with any of Craftmark’s terms, your sole and exclusive remedy is to discontinue using the Website.
Under no circumstances, including, but not limited to, negligence, shall Craftmark or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that Craftmark is not liable for any conduct of any user.

Successors and Assigns

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

Miscellaneous

These Terms, together with the terms of the Privacy Policy and any additional terms to which you agree when using particular elements of the Services, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.

Contact Us

If you have any questions about our Website, please contact us at fjenkins@craftmarkbakery.com.

Any rights not expressly granted herein are reserved.

The information presented on this website is for general informational purposes only.